Apni Law Staff asked 2 years ago
## Legal Matters in Family Disputes: An Indian Perspective
1. My father, who has a mandate over my NRI account, issued cheques that bounced. Am I, as the account holder, legally liable?
2. My father issued a cheque that bounced three times due to insufficient funds. He then issued another cheque, taking the first one back, but this one also bounced because he stopped payment. Would this fall under sections 138 or 420 of the Indian Penal Code?
3. After months of issuing cheques, I instructed my bank to cancel the mandate on my NRI account. What legal action can be taken against me?
4. My father, who is accused in a criminal case, has been absconding since the beginning. He is residing abroad and has been issued multiple non-bailable warrants. Can he approach the High Court seeking a stay under section 482 of the CrPC?
5. My father, as A1, issued cheques on my NRE account (A2) in a criminal case under sections 420 and 506 (b). I have been absconding since the case started. Can the judge issue a warrant for my arrest?
Best Answer
Apni Law Staff answered 2 years ago
1. Yes, you are legally liable as the account holder, even if your father had a mandate.
2. This would likely fall under Section 138 of the Indian Penal Code, as it involves multiple bounced cheques and subsequent dishonored payment.
3. No legal action can be taken against you for canceling the mandate as long as you did it through proper banking channels.
4. The High Court can grant a stay under Section 482 of the CrPC if there are grounds for doing so, but it’s unlikely due to the multiple non-bailable warrants.
5. Yes, the judge can issue a warrant for your arrest as you are a co-accused in the case and absconding.
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