Cheque Bounce - Couple got divorced after 10 yrs marriage Cheque Bounce - Couple got divorced after 10 yrs marriage

2 years ago

Couple got divorced after 10 yrs marriage. Husband's brother promoted financially for higher studies of the wife as husband was not having good earnings. Wife agreed to pay the loan given to her for higher studies and signed a loan agreement and gave post dated cheques as she was taking divorce.now after the divorce she is refusing to pay the money saying that cheques were taken forcefully from her. What can be done? Will she escape without paying the loan? What action can be taken?

Anik

Responded 2 years ago

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A.Dear Client,
The wife is responsible for the payment of the loan amount. The lender will report the loan account as non-performing assets to the credit bureaus. They will severely affect your credit history and affect your credit score.

Thank you.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
A cheque bounce case can filed under Section 138 of NI Act as presumption can raised in respect of amount mentioned in the cheque.

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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.To give opinion it is necessary to scrutinize that Loan Agreement for its scope, meaning , effect and legal implications. It is necessary to know whether that lady had made any police complaint on this issue or not and whether those PDCs are within validity period.
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