under 138
Querist :
Anonymous
(Querist) 18 October 2010
This query is : Resolved
one of the partner mr x of our firm was retired in 2000 taking his share and signed the retirement deed in front of our advocate and also signed the RECEIPT OF FULL AND FINAL settlement and nothing is due at the time of retirement mr y old partner and his two son as new partner joined the firm
after three yrs in 2003 he deposited a cheque of rs 40lakh in our firm current account and demanding rupees 40lakh under 138 from our firm
the fact he had stolen the cheque when he was in our firm bearing the single signature of our firm with no rubber stamp on it.we got the certificate from our bank that this cheque was from series of the year 1993.He used the forged rubber stamp of our firm and try to claim rs 40 lakh and filed a case under 138
before he filed the 138 we had file criminal case of forgery on him he was arrested and the cheque was sent to forensic expert now two case was running in two court
1)which we filed forgery case which has now been over since Mr x is expired
2)138 case which was filled by Mr x
present situation :
Mr x expired and in 138 matter Mr y also expired whose signature was on the forge cheque which is lost by the police and the case is started on secondary evidence between the son of Mr x and the two sons of mr y who are the partner of the firm.since the cheque belongs to our firm and we are the partner we are facing the trail.
1)the cheque was a stolen cheque bearing sigle sign of Mr y. whereas cheque requires any two partner signature to encash from the bank from the time our firm started which mr x was aware of it
2)we have the certificate from our bank that this is from series of 1993.
3)the cheque has forged rubber stamp on it with single signature
4)we had given full share at the time of retirement and have receipt of full and final settlement
Is there any judgement helpfull in our case kindly help us if you have any tips regarding our case
SAANJAAY GUPTAA
(Expert) 19 October 2010
it is better to use all the proofs you gathered in you evidence and you will defiantly get the benefit out of that.
