Legal action against wife for Husband Business cheating
My sister's husband has borrowed a lot of Money to Banks and financial institution for doing his Import Business. Now his Business has come to stand still and in the verge of Bankruptcy. My Brother in Law is now saying that he has no money to return the borrowed loans.
Also B'law had also bluffed my sister into pledging one of her signed cheque leaf and stamp paper which he had obtained from her saying that it is for Business purpose.
What are the legal problems my sister will also come to face in this current situation.
Asked in Criminal Law from Pune, Maharashtra
1) if your sister has issued cheque then in case cheque is dishonoured then complaint under section 138 Ni would be filed against her punishable with imprisonment for upto 2 years
2) if sister has issued blank signed stamp paper then any creditor can fill in details and sue her
3) your sister should file complaint under 498A against her husband that he has forced her to issue cheque and sign on blank stamped paper
4) also divorce her husband on grounds of mental cruelty
If the cheque is belonging to your sister then case u/s 138 NI Act can be filed against her once the cheque is dishonoured.
It appears on the basis of her signature of stamp paper your sister was shown/stood as guarantor of some loan for which also she may be sued for recovery of defaulted amount.
Your BIL is a habitual borrower without business acumen and hence is all set to make her sister's life entangled with litigation for most part of her rest of life.
If your sister and her husband's martial relationship is strained and they are not in good terms, then there are chances that her blank cheque may be misused by him.
She can issue a legal notice to him demanding return of her cheque in his possession and a copy of this notice may be endorsed to the concerned bank manager with an instruction to not to entertain the cheque if presented.
This way you can protect you sister from the onslaught of a cheque bounce case that may emerge at a later stage.
Any more solutions?
Asked 11 months ago
once cheque is issued you are liable if cheque is dishonoured
it is not your case that husband has forged her signature the cheque
if so then sister would be liable
if signed cheque was placed in drawer and stolen then sister can file police complaint in this regard
Any serious action in this regard may strin their marital relationship more and cannot be retrieved hence I did not suggest you anymore steps.
However since you have asked for it shall give you more suggestions:
She, besides giving a legal notice to him, can lodge a criminal complaint agaisnt him for heating and committing a breach of trust by obtaining her blank cheque and now is misusing it for his wrongful gains which is not only cheating but also an high handed criminal activity.
She can even communicate the companies where is indebted that she cannot be held liable for the losses he suffered or for the repayment of his defaulted loans etc.
As I told you earlier, you can discuss with your advocate in details to get more such ideas depending on the prevailing circumstance.
Your sister can be sued for the recovery of money in respect of which she had given the cheque, whereas she is not liable for the other debts of her husband. Your sister can contest the case on merits as and when it is filed against her.