Misusing my cheque

KAPIL (Querist) 19 May 2011 This query is : Resolved
Sir, It is bring to ur notice that my some blank cheque of saving account, which has already been closed was laying with my advocate(I/Tax). Due to some difference with him, he is misusing my old cheque and suit upon me u/s 138 and demanding money from me that he has given some cash loan Rs. 2 Lacs to me against one cheque out of total cheque laying with him.I had never signed any loan agreement nor signed any cheque.Kindly advise me that should i have to go with Income tax Department for complaint.

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Raj Kumar Makkad (Expert) 19 May 2011
You can file complaint with income tax department as well as contesting case filed against you. If complainant has not shown source of loan amount and has even not shown that amount in his income tax return or not? If alleged advocate has correctly shwon this amount in his account books obtaining your due signature and has also shown in his IT rerun then a strong prima-facie case shall become in his favour and you shall have to rebut each and every point accordingly.

M.Sheik Mohammed Ali (Expert) 19 May 2011
yes, i do agree expert.

Guest (Expert) 19 May 2011
i also agree with Mr. Makkad

Guest (Expert) 20 May 2011
Agree with Mr. Makkad.

KAPIL (Querist) 21 May 2011
I want to know that on which documents basis he can show loan while i have not received any cash monety from him nor signed any documents. He is having only my old cheque, which they have fake signed on the same cheque.please guide me what i have to ask documents in court.