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sec 138

Querist : Anonymous (Querist) 09 February 2011 This query is : Resolved 
i lost a signed cheque a freind of mine had stolen it now he has filed 138 case against me stating that this cheque is against advice and consultancy given.he has also raise bogus invoices, there is no endorsement/acknowledgment/acceptence of me on those invoices.
NOTTAM VENKATASAMY (Expert) 09 February 2011
YOU TOLD YOUR FRIEND HAS BOGUS INVOICES,SO YOU CAN CONTEST THE CASE IN VERY EASY MANNER,AND YOU CAN PROVE YOUR INNOCENCE BEFORE THE COURT.
Parveen Kr. Aggarwal (Expert) 09 February 2011
Whether any notice was not served on you before filing of compliant?
If notice was not served then it will be a good ground for dismissal of the complaint.

If notice was served and you didn't reply it, you can now contest the complaint on the defence that there was no existing debt or liability against you. The bogus invoices are not binding on you without your acceptance.
Querist : Anonymous (Querist) 09 February 2011
can any one provide me citation
Ajay Bansal (Expert) 09 February 2011
See any digest of N.I. act.
Amit Minocha (Expert) 09 February 2011
agree with Mr Aggarwal
Advocate. Arunagiri (Expert) 09 February 2011
You are having the chance of proving your innocence in the court only.


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