SV laboratories Aurangabad, proprietory company in the name of Mrs Patil has purchased the raw materials from Max Organic Panvel. Mr Patil had promised partnership for me in the company but never made any partnership deed . Max organics was known to me, so I had introduced SV Laboratory. Due batch failure SV Laboratory ran into financial problem hence could not pay Max organics. Then I shifted back to Thane. Max Organics started harassing me by sending goons to my residence since last one year.
With the help of Shiv sene nagar shevak he forcibly made me sign an agreement and collected cheque for 7.0 lacs. Now he had deposied the cheque and cheque got bounced. He has filed 138 case against me and my wife only because wife is a joint account holder. Till date I am not a partner of S V Laboratory and this financial liability of SV Laboratory.
Asked 3 years ago in Criminal Law from Thane, Maharashtra
The content what you have mentioned is fact then just dont worry about the case.
You simply rebut and remain silent, the burden is on the prosecution to prove the legally liable debt for which the cheque was reportedly given.
Engage a prudent lawyer and fight it out.
If they mentioned the name of sv and demand money from you for discharge of liabilities then your case is very strong and due to no role in sv their case may be rejected.
If you filed any case against them for snatched the cheque by some person before police or court then these case or complaint may be used as an evidence against them to win the case.
What is the reply of notice issued by you against the notice which they sent to you and demand money?
Contact a lawyer personally or over the phone after pay the consultation fee which is very nominal.
Advocate, New Delhi
Since you are neither SV Labaratory nor its authorize signatory you have to personal liability to pay the debt..
Do not worry if they file cheque bounce case the same would fail flat as you owe no legal debt to MAx Organic.
In the meantime make a complaint with local police about your forcible signature on some cheque.
1. If the prosecution for cheque bounce has been launched against you then you are required to defend it on merits by entering your defence in the court.
2. You are at liberty to contest the case on the ground that the cheque was issued under duress by you and that you have no legal relationship with SV Laboratory.
IS the Max organics filed 138 case against you ? then what is the reply of notice issued by you against the notice which they sent to you ? Also check the reason stated in the the petition for 138 for issuing the cheque to them, Deny the issuing of cheque and created documents .
Take a contention that there is no legally enforceable debt to Max organics. Also file a private complaint before the Judicial first class magistrate court for recovering the agreement papers and other documents which were created forcefully and restrain them to fabricating evidence for unlawful gain to them .