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Hi, My husband was doing interior business on last 6 month back. He said for transaction i need your blank cheque leaves with a signature of your account and He will be crediting the amount into my account. I told first you credit then i will give. But he taken from me forcefully

He issued the cheque to vendor which got bounced. And he given my cheque to some financier as a security. And he got 1 lakh amount last 6 month back without my permission and knowledge.

And he is not paid the interest on last 4 month. The financier came to that house, and asking to settle the full payment. But i don't have single rupee.
The financier telling me, he will take me and all. Kindly help me out to handle the problem.very serious issues.
26th June 2017 From India, Bengaluru

Dinesh Divekar
Business Mentor, Consultant And Trainer
Sunielmudgil
Legal And Compliance Consultant
Glidor
Hr Consultant
Trainer.consult
Freelancer

your issues are not only about bounced cheque, default of loan amount but also issue of a family which needs to be sorted in a family court.
26th June 2017 From India, New Delhi
Dear Kalps024,

This problem is between a couple. Secondly, your query is out of purview of HR.

You could have discussed with someone about forceful acquirement of cheque by your spouse. Are you estranged partners or stay together? If you are estranged then you could have issued stop payment notice to your bank. In fact husband wife relationship depends on trust. Did you not sense trouble when he was dealing with you? Your delay in sensing trouble has pushed you into current predicament.

As far as financier is concerned, he is fool enough to release the funds without checking the antecedents of the borrower. Next time, you tell him boldly that the deal was between him and your spouse therefore, you do not have locus standi in your husband's deals. Have you signed any papers on behalf of your husband? If not, then tell him to take legal action against your husband.

Lastly, you might have to go to counselling centre for women and check whether whatever your husband has done amounts to cruelty. If yes, then tell your husband to clear the dues from financier as early as possible else you will be forced to make a complaint against him. If the threat does not work then you may approach legal cells where free legal aid is given to the distressed women. You may check with Mahila Dakshata Samiti. They have centres at many places in Bangalore.

Thanks,

Dinesh Divekar
26th June 2017 From India, Bangalore
Hi Dinesh, I am not signed any papers except the cheque which gave 3 to 6 months back.
26th June 2017 From India, Bengaluru
Hi, The financier calling and telling me like, he will give the complaint. pls tell me the solution.
27th June 2017 From India, Bengaluru
Dear Kalps024,

Husband takes a loan from financier. While taking loan, husband gives undated cheque as collateral. This cheque is issued by the wife from her account. This is your short story.

However, how to use wife's money is a personal matter between husband and wife. Now if he uses this cheque as collateral to get loan then wife does not have control over it. This is a deal between husband and financier. Let them sort it out. Tell financier not to drag you in this. Without verifying proper credentials, he has given a loan, let him face consequences.

Let financier lodge a police complaint. Since you have clarified that you were not party to this loan agreement, no way you are involved in the deal. Police may call you for the questioning but they cannot book you. They may book your husband. You may tell to police that you had been kept in dark about this borrowing.

You have written three posts however, you have not clarified about relations with your husband. How far he is supportive to you? Have you spoken with him to sort out this matter? What is his take on this? Of course one can understand that a person who takes a cheque forcefully from his wife to get a loan cannot be supportive. Yet your explicit reply is important on this. The issue could be turning point in your relationship. Nevertheless, direction of your thinking is also important.

Thanks,

Dinesh Divekar
27th June 2017 From India, Bangalore
Kalps024,

with due respect to the experts, i have different opinion, dishonour of cheque is a criminal offence which attracts a penalty of upto double the amount or two years imprisonment or both.

however, as per the available facts, you are advised to make a police complaint which should contain the fact that your husband has forcefully get a signed cheque from you, as you explained in your query.

financier can make a criminal complaint against you in the competent court for dishonor of cheque as the cheque is issued from your account and bear your signature.

though a lot of options are available to you for defending yourself, but you have to provide complete facts for getting complete solution.

you can call/mail me for further info/clarification.

NOTE- PAYMENT STOP instruction also makes a person liable for an offence under section 138 of NI act.
28th June 2017
Dear Mr Suniel Mudgil,

I am not a lawyer as such and neither I have studied the law. However, the general knowledge says that cheque is a financial instrument used for the rightful and valid business transactions. Yes, bouncing of the cheque is criminal offence however, where is the deal between financier and the lady in question? This lady was just a third party and noway involved in the deal between her husband the financier. Possibly financier also knows that he does not have legally sound position. Otherwise, by now he would have followed legal procedure. How financier can take cheque from a third party? If at all if it is taken then why the financier did not take undertaking from the owner of the cheque? A financier with little legal knowledge could have made tripartite agreement involving the owner of the cheque. He should have taken explicit undertaking from the owner of the cheque for the ownership for the realisation of the cheque. Since he has not done that, the owner of the cheque does not have liability for the bouncing of the cheque.

At this stage, all that the poster of this post can do is to issue stop payment instruction to her bank about this cheque. She could have done it earlier also. However, better late than never. She can do it even now also.

As I said twice in the previous posts, this is a matter between husband and wife. We do not know whether marital discord exists or not. I have asked many questions in my first post which are yet to be answered. The poster just comes up with little bit of information about the cheque and nothing else.

Thanks,

Dinesh Divekar
28th June 2017 From India, Bangalore
Dinesh Ji,

i had already mentioned "with due respect", pls don't take it otherwise.

what the queriest mentioned is her story but the complainant (financier), might be with the help of one subject (cheque bounce) expert, will narrate another complete different story before the court, which usually is "due to family term i (financier) had lent amount to the accused (kalps024) and she in discharge of her legal liability issued ch. no. 0000 dated 00000000 amounting 0000000 to me."

with due regards,
28th June 2017
Legally speaking, you are not liable to pay a single paisa to the financier, as you have neither taken any loan from him, nor purchased any goods or services from the financier, nor stood guarantee to your husband's loan from the financier.


Even if the cheque is dishonoured the financier, at first the financier is liable to issue you a legal notice within a prescribed period, which it seems he has not issued any so far. So, you can frankly ask him to settle the issue with your husband as you are not liable to pay him.


Even if he issues a legal notice and goes to the court within a specified period, he would not be able to prove any liability against you, provided you have not signed any loan document and also, if the account is not a joint account with your husband.
29th June 2017 From India, Delhi

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