Cheque Stopage Section 138
Today I received an Legal Notice from lawyer, stating the cheque given by me is stopped and given 15 days to re-initiate the amount.
Fact: As per MOU b/w me and my wife, I agreed to pay 10 lakhs rupees in installments for making our marriage NULL and Void. For the same my wife as filed an civil case against me under Section 12A. But I didn’t accept the same as the section 12A is not correct. I am not accepting her petition.
MOU Stats that the “ Second party intended to file a case in future seeking the relief of dissolution of marriage by declaring the marriage as null and void as the said marriage is not consummated and second part intended to file a case and first party has to agreed to co-operate with the party of the second part by filing appropriate petitions and affidavits in support of the case of the party of the second part to enabling her to get the order of declaration declaring the marriage as null and void”
2nd installment of 5lakhs would be paid after 45 days from the date of execution of this MOU through Cheque. My wife as filed case according but the section she filed was not acceptable. Due to this I issued an “CHEQUE STOPPAGE NOTICE” and I stopped the cheque.
1) According to this whether they can file an Criminal case section 138and 141 on me ? Is it correct ?
2) As I am not accepting the Section 12A filed by wife Is it necessary to pay 5 Lakhs rupees to her ? ( I am ready to pay 5 Lakhs but I am against Section 12A filed by wife).
3) What is the success chance for me ?