I given a blank signed cheque to a person to give someone. but due to some cercumstences cheque conuld not handover to right person. suddenly broke up relation with him.he misused my cheque. now i m facing 138 case. in past not any cheque was dishonored in my a/c and never so big amount was in my a/c as he filled in cheque. that person came in my contact just 6 month ago. he is in a illegal business( distance degree and fake doc) but i don't have any proof. what should i do ? help me
You consult a good local lawyer and discuss all the facts with him/her as to why you have given that cheque, how it was misused, show him the notice received and other documents, so that he can guide you properly. From what appears from your post I can only say that even though that person has filed a false 138 case, the liablility u/s. 138 NI arises only when it was issued for some legally enforceable debt.
Try DNA fingerprinting that the person's got that cheque. Get it sealed by moving the High Court. This is the only tiny escape route as courts don't use belief methods. Further, when he filled the cheque the handwriting would be different. NIA won't entertain forensic stuff. Despite the longest Constitution in the world, India remains anachronistic in so far as science,technology are concerned as of now. Or you can play the fox, tell the court that you'll pay the amount in three instalments. See, who comes. But that could be risky.