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NI Act 138

Querist : Anonymous (Querist) 24 November 2010 This query is : Resolved 
Dear Sir,

We were 3 partners in a firm at Gwalior. One of cheque from our firm account was missed and was presented at Bank which bounced. my questions are :

1. Some one got signature of my father on that cheque, who is not a signatory in the bank nor a partner in the firm.

2. That cheque also has my signatures and I am a partner as well signatory in bank.

3. other party has made my father accused as a partner of firm, but did not produced any document to support.

4. Cross is going on and we will bring bank records as our defense, which will prove that my father is not partner neither a signatory.

5. I and any other partner in firm is not made party in case.

6. What shoul be the status of case ?
aman kumar (Expert) 24 November 2010
1 what is your father said about sign ?
2 when check is missed your farm inform your bank or not ?
3 its may be proved fraud by opposite party ?
4 but if not than they can now also
aman kumar (Expert) 24 November 2010
1 what is your father said about sign ?
2 when check is missed your farm inform your bank or not ?
3 its may be proved fraud by opposite party ?
4 but if not than they can now also
Querist : Anonymous (Querist) 24 November 2010
1. The signatures are of my father
2. We came to know about missed cheque when we got notice from lawyer. so there was no use to inform bank
3. There is no legally recoverable debt, so how it can be case of fraud ?
4. Is it possible to make other parties partner when check is already mulated ?

Ajay Bansal (Expert) 24 November 2010
DO.
H. S. Thukral (Expert) 24 November 2010
How a cheque which was missing got signed by your father? If signatures are genuine then your defence that cheque got lost and fell into the hands of complainant is shaky.

DEFENSE ADVOCATE.-firmaction@g (Expert) 24 November 2010
Yes., you are hiding the real facts.


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