138, ckeck not signed by propritor

You have no option but to contest the case on its merits, if your father have nothing to do with your business, u can prove the same in the court of law, that the consideration was never passed on to your father. But still it is better to settle the amount and carry on with your business.

When the cheque is signed by you and you are the sole proprietor of the concern, how your father was made accused in the case.

Move the concerned High Court for quashing the complaint.

Don't worry.  You can succeed.

Bouncing cheques is a criminal offence in India. This offence comes under Section 138 of Negotiable Instrument Act, 1881. And the consequence could be two years as well as twice the amount of the cheque. Of course, this applies when you bounce a cheque due to non sufficient funds in your account, and not really for a non-financial reason, like you forgot to mention the date or sign a cheque. But looks like things are about to change.

Generally you have to approach the HC for quash under S.482..

Alternatively attempt the following:

iT IS NOT CLEAR IF YOUR FATHER HAS MADE THE APPEARANCE OR NOT ??

Your father (accused) should bring to the notice of the Hon court that neither he signed the cheque nor the account  belongs to him ...and this trial shall be abuse of process of law..

Court may dismiss this application citing that court does not have power to discharge at this stage once cognizance is taken, then you must state that the reference can be sent to higher court for dismissal as the trial will not result into anything and why he should spend money and time by approaching HC.

Originally posted by : yogesh
	I had Given A check to a person As i am The Propritor of A firm, and failed to repay amount, Now that person lodged a 138 Case but there he made accused my father Instead of me, My father in not involve in any type in my firm.... What We can do???

1.  File "quashing proceeding" before the High Court.  This will give you the judgement /order that you are looking for.

2.  IF your father's signature is on the cheque, then your father will be liable for the offence.

Keep Smiling .... Hemant Agarwal
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