Legal Question in Criminal Law in India

I am 25 years young fresh master degree holder.

I was in service with share broking company for sometime. I had jof of customer relationship manager my duty was to pass on orders of customer to my company and upon enquiry from customer to give them status of market. here I came in contact with one parrty by virtue of allocation to me for customer relation on of account of closing our company's other branch in same city.

During this period the party alloted to me made a loss of big amount. In the meantime party called me and said he would make more investments to recover the loss he made. The party said me that If I take personal interest and if I give him my personal cheque, he would do so. As I was in service I took his words true and gave him cheque.on greed of service I accepted his proposal

But the party did not made any further investments upon my asking he replied he will do in few days, After few days I felt that party may misuse my cheque I went to bank for stop payment of this cheque where I made stop payment over phone banking giving reason that cheque is misplace by me

After 45 days of my making stop payment Party presented cheqe without my knowlege wherein

Name of payee amount in words and amount written by him not in my handwiriting.The said cheque was returned with a notice payment stopped

Then party gave me notice for cheque returned and claimed that he had given me money in cash

as we were old friends for many years (whereas I was new in this city and we had only 4 months relations purely commercial relations no friendship at all) The party insisted for big amount of cheque returned which amount I had never borrowed from him. I replied his notice that you are making wrong aligations and asking for money which I had never taken from you.

Even of my reply the said party filed complain under section 138 for recovery of amount of cheque

returned.

This all has happend due to my misfortune and my unexperience in commercial field and no

knowledge about banking and cheque return case.

Now what to do? How to prove myself inosent ?

What can be judgement ?

If judgement is against me. Can I be Jailed ?

Can I go for appeal in higher authorities ? What are measurement of appeal ? What appeal fees

or other surities I shall have to furnish ?

Plese guide me

1 Answer from Attorneys

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