Legal Question in Bankruptcy in India

cheque disowner
Sir,
My brother was running a business in partnership with a relative of a person, who is living in our colony. In august 2006 due to some dispute they decided to be separate. Meanwhile both of them captured our office, we launched a complain against them in nearby police station. After that they agreed to give our office back but they demanded 62,000 rupees. Sir I produce two cheques of rupees 31,000 each, on the behalf of my brother. But I had to pay that amount in cash before the date of cheques, that person returns me one cheque back of amount 31,000. But he did not return the second. He did not give me any proof for the payment, which was given by me. After that he produce the cheque in the bank. When it was came to my knowledge I gave an application to bank regarding stop payment. Now he has filled a case against me in court.
Sir, I don�t have any proof to show my innocence in court except that cheque which was return by him and the police complain which was launched by me against him. in legal notice he says that i have took personal loan from him. but i have naver taken any loan from him. nor i have sign any document of loan.
Sir what should I do to show my innocence,

Asked on 6/28/08, 10:48 am

Manish Dhingra Legal

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0 attorneys agreed

Re: cheque disowner

Since you have no proof, law presumes that you are liable for the amount unless you rebut the presumption.

I think, in all probability, you have to pay the check amount again.

Answered on 6/29/08, 9:56 am

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