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What to do if a person is wrongfully using a cheque book signed by me?
11-Dec-2023 (In Criminal Law)
I was a partner in a firm on Faridabad. It was mentioned in deed that cheque need to be signed by both partners. As my presence was very less in office, I signed cheque book and handed over to my partner. For some reason our partnership got dissolved. It never came to my mind that ch's are lying with my partner. Now he is issuing ch's with mine original signature and putting prop stamp on them to people whom I have never met. Ch's are being returned and four cases are being filed. pls adv what best can be done. On ch's there are only my signature, writting is not mine.
Is your partnership dissolved in written mean in legal way or just orally and the business is still running ?? You should visit bank bank and ask for stop further transactions and also file a complaint against your partner before police and need to know what was the date of last issued cheque ?
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Adv. Azad Singh Marothia
Fatehabad | 100+ Answers
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As you said that the cheques bears your signatures, it is sufficient to establish a case against you dispite the fact whether cheques are filled in your handwriting or not. If the holder of the cheque presents your cheques for encashment and the same got dishonored, you are liable to pay him the cheque amount unless he fails to prove his part of case.
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Adv. Nikhil Gupta
Jagadhri | 100+ Answers
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Firstly inform your bank about this forgery. And your parter can not use checkbook for personal purpose because it was mentioned in deed use for partnersip ferm only which is dissolve now. Its a clear case of 420. Inform police and file FIR against him.
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Adv. Sulekha
Rohtak | 25+ Answers
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Hi, it is advisable to file a police FIR , regarding misuse of your cheque books .. If you do not report to the police , the liability will be on you on dishonour of cheques if a complaint if filed under 138 NI act .. Also serve him a a legal notice to return the cheque books and the cheques which he has issued
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Adv. Hemant Chaudhary
Gurgaon | 200+ Answers
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If your firm has been dissolved then u have to give the notice to the concerned bank to close the joint account in the name of firm and thereafter u have to publish circular in daily newspaper regarding your liability to the dead firm if it was then register case against your partner unse sec-420/468 IPC for committed cheating and forgery
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Adv. Mohd Sharif
Nuh | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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