• I gave loan amount 9 lacs to my ex wife taken cheque

Sir,
I had given my ex wife 9 lacs on loan and she had given me cheque and pronote for the same. Now she is refusing to give saying that I cannot go to court because she was my wife and there is no loan between husband and wife even though she is my ex now. Please advise what can be done or it is a gone case.
Asked 7 months ago in Civil Law from Bangalore, Karnataka
1) how was money given by you ? was it by cash or cheque?

2)if wife had in turn issued you cheque of rs 9 lakhs and pro note if cheques bounces you can issue legal notice to her to repay loan amount 

3) you can file complaint of dishonour of cheque under section 138 Ni 

4) also file summary suit to recover the money 

6) if amount given by you was a gift wife would not have issued you pr onote nor cheque for loan amount 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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1. There can be a secured loan between spouses. You can present the cheque given to you by your wife, and if it bounces then a legal notice may be issued and a criminal complaint for cheque bounce filed in the court.

2. On the basis of pronote you can file a suit for recovery of money against her.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. Present the cheque in the Bank and if it is returned as 'Insufficient Balance', then send a legal notice to her, through an Advocate, to return your money within 15 days.
2.If she doesn't return the money within the stipulated date, file a cheque bounce case against her to recover your amount U/S. 138 of Negotiable Instruments Act.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
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even if account is closed complaint under section 138 Ni is maintainable on dishonour of cheque
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1.Even if she has instructed the Bank authorities to stop payment of the cheque given to you on presenting the same by you,  it amounts to bouncing of cheque and she is liable to be punished U/S. 138 of Negotiable Instruments Act.
2. Even in case of closure of account in the bank also she would be liable for the offence.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
Dear Qurist
first of all you have to informed about your divorce? in what manner you got divorce decree? Mutual consent or contested? if mutual then there is any MOU or amicably settlement Deed was executed or not?

Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
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I had given my ex wife 9 lacs on loan and she had given me cheque and pronote for the same. Now she is refusing to give saying that I cannot go to court because she was my wife and there is no loan between husband and wife even though she is my ex now. Please advise what can be done or it is a gone case.

She is wrong to say such absurd rule.  If she has taken loan, she needs to repay.  For evidence she has executed pronote and given a cheque. You may file a money recovery suit after issuing a legal demand notice to her. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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Sir, what if she has blocked my cheque in the bank? or if she has closed that account in the bank?

Even giving stop payment instructions to bank after issuing cheque for loan repayment is considered to be an offence, so closing the account and issuing a cheque for an account closed constitutes an offence under negotiable instrument act. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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Issuing stop payment instructions to the bank does not make the drawer immune from criminal liability for cheque bounde. If she has closed the account then the remedy is to file a suit for recovery.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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