jai (no designation) 12 July 2010

Can u please help to understand LetterHead Law

my closed friend filed case of 420 ipc can u please tell me is right and what is impact on me

situation >

I started a firm as "A Print" ( sarees printing compay) and my other closed friend started B Print , my freind started firm just near to my company so when ever he need something i help , i given full support to start his compnay and some time i go anywhere near by compay and as freind i just say my friend to take care for 10 min or 20 min until i come , he then stolen my signed letter head and signed blank check in my office almari ( unfortunatily that day i forget to keep at right place ) , he stolen these two in 1999 and after 12 year we have no relation becoz of some matter and his misbheaving . now he filed case against me 2 lakh bounched check proof and on letter head he written 12 year ago my self taken firm related material worth rupee 10 lakh which i take as help to stand my firm which is in critical stage and i promiss that if i unable to pay matrial amount or material in 12 year all propery and home belong to my freind .

1) check was not dated and he written current date and bounce check , and filed a case againsed me to return 2 lakh

2) letter head have my signature and company stumped seal , and he demand me to return 10 lakh or 10 lakh material ( metrial is like printing material and it's instument which he said as help taken ) and filed case of 420

currently i am not doing anything beocz my bussiness destory and totaly depend upon son . i am 55 year old

can you please reply this content on letter head how much under law

please reply me , i am in depression

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4 Replies

R.Ramachandran (Advocate) 12 July 2010

Dear Mr. Jai,

There is nothing to fear too much. Nothing will happen to you.

Just because your signature is available on the letterhead and that something has been written in the letter head alone will not make you liable. There are several defences that can be taken - like the circumstances in which the Letter Heads happen to be in the hands of your friend, the writing is not that of yours, etc. Further more, in the last 12 years, you might have taken several cheque books from your Bank and might have issued several cheques. But, in the normal circumstances one would not give a cheque bearing Number which is nearly 10 to 11 years old (since you state that your friend has stolen the cheque 12 years back and has put latest date) today. This reason also can be mentioned to state that the transaction is bogus and your friend has committed a fraud. You will be maintaining your regular accounts - there you would have mentioned something about the missing cheque. All these facts will become relevant to defend your case.

Please be rest assured that on the basis of the alleged letterhead, your property cannot be taken over by your friend on the basis of the cheque dishonour.

But without getting any fear or worry, you must consult a good lawyer in your locality who will be in a position to successfully defend your case.