Legal Question in Business Law in India

Need opinion on my case (Section 138 of Negotiable Instruments Act)

Hello,

My financing partner (Complainant) has accused me in a case where he has acquired and used 3 cheques of my close relative (Accused #2) and framed a false case based on forged evidences.

Complainant has no legal documentary evidence in the form of agreement except a forged letter mentioning it a ''loan'' however it was a partnership based on mutual understanding.

Also there are a lot of inconsistencies in the documents he has attached and the forged signature is very clearly identifiable.

The cheques in question are of Accused #2's current account and I'm in no manner related to his account or his business. We're simply relatives. The cheques were returned for ''stop payment by drawer''.

What I'd like to know mainly is that how much am ''I'' liable in this case where the cheques do NOT belong to me. And what necessary steps should I take to get out of this situation.

Thanks & Regards.


Asked on 1/21/09, 6:01 am

2 Answers from Attorneys
Vivek Mapara Vivek N. Mapara

Re: Need opinion on my case (Section 138 of Negotiable Instruments Act)

You have a good case for quashing the complaint qua yourself. You have to file quashing petition in the High Court.

I can help you for filing such case. You may feel free to contact

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Answered on 1/21/09, 6:54 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Need opinion on my case (Section 138 of Negotiable Instruments Act)

If you are not a signatory to the cheque and are not a joint account holder with the drawer, you may seek quashing of the complaint u/s 482 of Cr. P. C.

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Answered on 1/21/09, 8:07 am


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