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Abhilasha Almal (owner)     18 July 2013

Help me plz

hi i need help. my husband was the proprietor of a firm which was run by my father in law. he ran this business with his brother. we live in kolkata and business is done in surat. his uncle open a bank a/c in surat in his name . he usedto send the chq book to sign and the same was sent back as in joint family business. now last year due to some family dispute the business was winded up in good faith. we asked him to return the cheque bk he said would to so but did not. we left the matter fearing nothing. now he has issued the same last month to a third party. it was done so so that he in accordance with third party can frame us under charges of sec138 of negotiable act . we do not know what to do .we came to knew this only when we received this notice from third party.


 7 Replies

Ashok, Advocate (Lawyer at Delhi)     18 July 2013

(1)  Is the date of issuance of the cheque AFTER the winding up of the firm?


(2) Was there any liability to the third party in the books of accounts of the firm?


(3) Was the cheque issued to the third party for some liability incurred BEFORE such winding up of the firm?


(4) Did you issue any "Stop Payment" order to the bank immediately after winding up of the firm, informing them about the firm's winding up?

R Trivedi (     18 July 2013

Uncle opened the Bank account in his name !!! Account is in his name then he would be the accused.


Please give clear details about account and signatories.

kamal (Advocate)     18 July 2013

I agree with Mr/Mrs . R Trivedi, absolutely right. 


The cheque law is highly misused. Normally bounced cheque, bank slips and copy of notice is filed than any enterprising advocate can get process issued.


Accused has to go thorugh the whole case and there is no provision in the law for discharge of any accused.


we are contesting sucessfully many such cases in GUJRAT, pl give full details for proper guidance.

Abhilasha Almal (owner)     19 July 2013

the chq was issued after winding up of the firm. no liability was there to pay the third party. the said amount was to be paid to uncle to uncle . to be paid over a period of 2 yrs . the uncle purposely issued the chq to this third party so tht he could inciate such sec 138 of ni in this third party name .we made mistake tht didnot inform the bank coz thought tht uncle would not do any such thing . he betrayed us keeping himself out of the scene

Yadanand Legal help (maintenance divorce remarriage =     19 July 2013

Advocate KAMAL your sense seems to be more accuate but there may still more options.

Sudhir Kumar, Advocate (Advocate)     22 July 2013

It will be better if you come with clear facts.

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