you need not worry,as there has to be legal liability on the behalf of the person issuing cheque to be chaged under 138ni,which can be easily proved.
Multiple false 138 NI cases against us
Hi, My sister filed 498A, 406 and other cases on her husband and in laws after leaving her matrimonial home in Mumbai. She wanted mutual consent divorce from him.She brought her jewelry with her and this made her husband very angry. He got bail in the 498A case and he has decided to take revenge. My sister forgot her cheque book at home with few signed blank cheques which he used to keep with him for paying electricity, telephone and society bills. My sister is staying with us. Now her husband and his friends have filed different cheque bounce cases against my sister & also include us & our parents name. One case is in Delhi, one in Mumbai and one in Kanpur. He transferred 15 lakhs in my sister's bank account to make FD. The fd is still in her account. He bounced one cheque of 15 lakhs. He may file more cases also. What should we do to save our family from all these false cases? He is very cunning and a lier and he makes false stories. Can we file any case against him to stop him from filing more cases? How to fight all the cases at the same time? He is doing all this to take revenge. Do we need to worry about these false case? Experts please guide me.
Asked 10 years ago in Criminal Law
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8 Answers
But can he prove the legal liability of 15 lakhs which he transferred in my sister account. Can a husband claim his money back after giving it to his wife? Is this a legal liability? His friend has shown that my sister took friendly loan from them during crisis and in turn he got the cheque. It is very difficult for us to fight all the cases. Can we get all the cases clubed together as all the cheques are from a single cheque book.
Asked 10 years ago
He says that he will send my sister to jail for 2 years. How to get out of these false cases quickly. Please guide.
Asked 10 years ago
as i mentioned you will have to fight it
Your sister has a lot to worry about as she is now a sitting duck to multiple criminal prosecutions launched by her husband due to the blunder of leaving her cheque book in her matrimonial house. She has given him abundant ammunition, which he is now wielding to the optimum. If held guilty, your sister may face imprisonment.
There is no case your sister can file in effect whereof his right to launch any further prosecution against your sister will be curtailed. The only remedy open to your sister is to contest the cases her husband has filed on her. Engage lawyers wherever he has filed the cases so that you can defend herself.
Whether or not he will be able to prove legal liability is a hypothetical question which no legal mind can answer. It remains to be seen what evidence is given to court. The cases cannot be clubbed even if the cheques were issued from a single cheque book.
He is correct in saying that for every case he has filed against your sister the latter may be sent to jail for 2 years. As I mentioned, the only legal remedy open to your sister is to contest the cases on merits. Consult a lawyer and obtain his professional consultation as to the exact course of action to be followed. Once you show him all the copies of all the cases he has filed against your sister he will be able to chalk out the legal recourse. Do not take this lightly.
Sir we have filed dowry case against him and so he is taking revenge. Can we get all the cases quashed by high court on this ground. What will be the total cost (aprox) involved in fighting all the cases, if we involve a good lawyer. Can one lawyer take care of all the cases in diff. cities. Can these cases have any negative effect on our 498A case.
Asked 10 years ago
No court will quash the cases on the ground that he has filed them out of vengeance. Contest the cases on merits. The total cost will be the legal fee of your lawyer which he alone can disclose to you. Legally speaking, it is possible for you to field one lawyer for all the cases subject to his willingness. Whether or not his cases will have a negative impact on your 498a case can be ascertained only after perusing threadbare your case and 138 prosecutions he has launched against your sister.
Do we have to attend the court dates or our lawyer can attend on our behalf in this 138 case.
Asked 10 years ago
My sister works with a bank and so can she get leave from attending the court dates.
Asked 10 years ago
Your sister's lawyer's presence shall suffice.
Yes court can exempt her.