Legal Question in Civil Litigation in India

Need assistance reg a cheque dishonoured case .
I recently received a statutory notice form an advocate stating that one of my cheque got dishonoured for an amount of Rs 300000 on 13-07-2013 and was shocked as i never heard of that person[complainant]name ever in my life.In the notice he mentions that i borrowed the amount from his client to meet my family expenses and that too as a hand loan.
I actaully recieved an SMS to my mobile on 29-06-2013 saying that i have insufficient funds in my account for clearing of a cheque , At that time itslef it was a big shock to me as i haven't issued any cheque to any one and immediately went to back to find out the details, and to my surprise the bank officer told me some one has sent the cheque for clearing for an amount of Rs 300000 and had there been sufficient amount that cheque would have been passed. I immediately asked them how come this has happened without my knowledge to which bank officer told me that they were receiving such complaints of forgery very often these days.
I then requested the officer to check for all my cheques on my name and taken the numbers so that i can check with cheque numbers that i have with me and get them destroyed which were unused.
I then came to know that some of the cheques on my name were missing and the cheque that was dishonoured was issued wayback in 2006[ Not sure how the bank has processed the cheque as i recently came to know only the cheques with CTS will be processed from June/july -2013] and i am not using any of the cheques with that series since 2008 and none of the cheques with that series have been processed by bank since 2008,Infact i asked for my statement from 2006 to which the bank personnel said they have data since 2008 and can get the data from head office on 15-07-2013 on request.
Can some one please let me know how do i handle this,first of all i don't know who the person that has got this and by which means he got that and if he got that too how could have he forged my signature[ As i can say that i never give any blank check to any one] so exactly that even the bank couldn't catch.
I couldn't know who the person is to file a case either a legal or police case,i have requested the bank personnel to get the details of the person to which they said they don't have the details with them as it will be with some clearing department.
Kindly give me the advice in this matter on how to fight back and get justice .

Asked on 7/15/13, 12:17 am

2 Answers from Attorneys

muhamed mustaque mk associates

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since you have sufficient amount on that day and sufficient reasons to defend , you can sent reply stating above facts,details of person should find a place in lawyer notice apart from that you should lodge a complaint immediately with local police even you dont have details of person , the holder of cheque can file a case under section 138 of negotiable instreuments Act , which is bailable offence , therfore at moment you need not panic about case , but surely you have to take action against the person , which you should nt delay ,pls also approach a local lawyer as well

Answered on 7/15/13, 1:23 am

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