138 case stamp paper need help

Guest (Querist) 25 April 2011 This query is : Resolved
I have a case in which the accused( name A) does not take a tractor loan from the bank infact her relatives Name B take loan of rs 320000 from the bank.On the default of the payments the tractor sold by bank and RS 140000 credited against the interest plus principal …

The bank officers has taken a signature of name A accused on 100 Rs no judicial stamp paper stating that all liabilities shall be borne by accused name A. the bank also take a 5 cheque from the accused and one one of them they filed a 138 case against the accused.There is no attesting witness on the stamp paper. Also, the stamp was taken on 5/2/2009 and got notorised on 7/9/2010 after 1 year. On cross examination the bank manager ( complainant ) accepted that the loan is taken by name B and also accepted that the accused(name A) signature was not there on the book of notary. The bank(complainant) produces the account statements of Name B. The bank only give their evidences by bank manager affidavit and produced stamp paper ,cheque, notices,etc..the accused did not have any account in this bank . He give the cheque book and the bank using Stamp paper and cheque file the case.on the complainant they said the accused take a loan but on cross exam the bank manager said the name B( his relatives ) take a loan .

My question is what are the defenses I shall take on the above situation
Is there any authority (judgment)?If any please post her so i can produce in a court.

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Guest (Expert) 27 April 2011
The case does not seem to be straight. No bank manager can be so foolish to involve any unconcerned person, if he has no concern with the case. In your query you have not mentioned that part of the story on what ground B was made liable to sign the stamp paper and hand over the five signed checques, unless he was a surety in the case of loan by A?

Please clarify, otherwise you can get wrong and contradictory advices from the experts just on the basis of different presumptions.