• 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 2 years ago in Criminal Law from Kolkata, West Bengal
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.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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as i mentioned you will have to fight it
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18245 Answers
449 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18245 Answers
449 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18245 Answers
449 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18245 Answers
449 Consultations
5.0 on 5.0
Your sister's lawyer's presence shall suffice.
Ashish Davessar
Advocate, Jaipur
18245 Answers
449 Consultations
5.0 on 5.0
Yes court can exempt her.
Ashish Davessar
Advocate, Jaipur
18245 Answers
449 Consultations
5.0 on 5.0

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