Cheque misused

Yes, emails are piece of evidence hence can be used as evidence i nany court proceeding. So far your liability is concerned then for that the notice, if any, issued by complainant is required to be seen. Being partner your liability will be there.Consult with details.

In a general partnership, each partner has unlimited personal liability. Partnership rules usually dictate that whatever debts are incurred by the business, it is the legal responsibility of all partners to pay them off. 

in partnership agreement everyone is having the equal liability. But as a company or personal we dont have any liabilty against the cheque.

He claimed our company took some friendly loan and also claming that he gave  some business to our company as a broker and we had to pay him commisions so we issued cheque, but neither we took any friendly loan nor any business.

My partner and his friend both are together and trying to cheat with us.

How to defend and any other thing which we need to take care

 

There are 3 accused here; your firm, your partner and you. Now the obvious point is heat will be on him too, so why he did this? Mere statement that it was commission will not suffice.

Under Section 138 the Complainant has to claim and prove that there was a liability to be discharged by the partenrship firm. He would have stated that in the demand notice under Section:138. In order to prove under Section 139, that there was no liability you will have to give evidence for what you have stated here.