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cheque bounce case

(Querist) 05 October 2010 This query is : Resolved 
i got a cheque from a party and cheque was bounce,we issue notice to him,he replied to notice also,but later on he change the stand that i m not partner of company and cheque is also not signed by me,it is his brother sign where as we have not made his brother as accused.
case is running since 1999,he offered me 50% money but i refused to accept.now they r protesting,they try to produce bank official for proving that signature is not his but in cross bank official got nervous and did not reply,
Devajyoti Barman (Expert) 05 October 2010
What is your query?
Advocate. Arunagiri (Expert) 06 October 2010
Mr.Ajay, Your information is incomplete. Please tell me whether the company is a registered company with ROC. Who had signed the cheque, on what capacity? In whose name you have issued the notice and initiated the case? Based on these info, I can help you.
Ajay (Querist) 06 October 2010
sir
party is claiming he is not partner of the firm,and he has not sign the cheque so he should be aquitted in this cheque bounce case.
ashish lal (Expert) 06 October 2010
if he has not signed the cheque then what is your allegation against him? Whether the partnership was registered? if he is able to prove what he is saying then there is no liability made against him under section 138 NI Act
Sri Vijayan.A (Expert) 06 October 2010
1. Proove that the cheque was given by him
2. For what purpose he has given to you
3. Proove his liability and obligation
4. Proove his intention is to cheat you right from the beginning and for this purpose he has given a wrong cheque and wrongly signed.
5. Provide any other documents signed by him as a proof of his signature
Ajay (Querist) 06 October 2010
sir
he him self come and took material from my godown,he replied to notice also when 1st notice was serve,cheque was bounce with insufficient fund,he took stand on non signing and not a partner after 10year when reopening of case.even he produce bank manager as witness but manager did not come with ID proof,so judge ask him to go.now judgement on 21st october


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