Cheque Bounce case against me

We used to do business with a firm ABC,meanwhile i lost my cheque book for which i have lodged a FIR and intimated bank also.Now all of a sudden the owner of ABC had filed a case case against me under NI 138 telling that i owe him Rs 4.00 lakhs.Please suggest what should i do?

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You have not provided some details viz:

– whether the cheque belongs to that cheque book which was lost

– Whether actually u have issued that cheque for which ABC has filed a complaint against u

– whether u have any legal liability towards ABC

– if not even then u have to fight ur case if u have received the summons & explain the things before court


Answered on March 1, 2017.
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Your question seems to be missing a lot of essential details. If the owner of the firm has filed a

money suit against you, it must be supported by a strong paper work considering Rs. 4 lakhs is not a

small amount. What you can do is ask the owner of the firm, preferably through your lawyer, to send

you the documents supporting his/her claim against you. Unless that is clarified, nothing can or

should be suggested on the legal front. Only after a careful perusal of the claims can one decide

whether the owner of the firm is trying to implicate you fraudulently or has a genuine ground for

his/her claim. What is crucial here is whether you issued a cheque in the name of the firm’s owner

before your cheque book got lost. In this case, if your cheque was dishonoured on account of

insufficient funds, you will attract liability under Section 138 of the NI Act.

Answered on March 16, 2017.
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