Lawstreet Journal

Section 138 NI Act: Divorced Wife Tried to Implicate Husband in A Cheque Bounce Case on The Basis of Non-Existent Will, Court Came To Husband’s Rescue [READ ORDER]

Lawstreet Journal 5 Jun 2020 7:37pm

Image courtesy: Lawstreet Journal Judiciary Section 138 NI Act: Divorced Wife Tried to Implicate Husband in A Cheque Bounce Case on The Basis of Non-Existent Will, Court Came To Husband’s Rescue [READ ORDER]

A Judge of New Delhi District Court, Amardeep Kaur had in the matter of Aparna Sharma v. Rahul Sharma, acquitted the accused in a cheque bounce matter, where the complainant had falsely tried to entangle the accused in a case. Judgment to this effect was passed on February 17, 2020

 

Brief Facts of The Case:

As per the case of the complainant, she and the accused were married in December 2009 but got divorced on December 17, 2015. During such marriage the father-in-law of the complainant through a Will dated May 25, 2006, had bequeathed Rs.20,00,000/ in favor of the complainant. After the death of the father-in-law September 08, 2013, the said Will was executed, and the accused received the share of the complainant. To pay the said Rs.20,00,000/, the accused had issued three post-dated cheques in favor of the complainant. One of these cheques dated December 12, 2015, for Rs.2,00,000/- drawn on Axis Bank, Delhi was the subject matter of the complaint. However, the said cheque upon presentation was returned dishonored for the reason 'Insufficient Funds' vide return memo dated February 08, 2016. Thereafter, the complainant had raised a demand qua the impugned cheque vide legal notice but the accused did not repay the cheque amount within the prescribed period of 15 days. Therefore, the complaint under Section 138 of the Negotiable Instruments Act,1881 was filed.

In his defense, the accused had admitted his signatures on the cheque in question but denied the claim of the complainant and had submitted… Continue Reading...


Tagged: Divorce   cheque bounce  
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