N.I Act 138

The bank has to prove its case beyond reasonable doubt. The bankhas to prove the existence of legally enforceable liability from you. In this case bank would not be able to show even a piece of paper linking you with the existence of liability. The bank may at best say that you in discharge of your brother's liability gave the said cheque to it but even in that case onus lies upon the bank to prove that you undertook the liability of your brother to pay back the bank. As per the judgement of Hon'ble Supreme Court  passed by Hon'ble Justice S.B.Sinha "The existence of legally enforceable debt is not the matter of presumption." So you have to take the defence that the said cheque was given to your brother as advance for some transaction which did not materailsed.

Arun is right, ur not liable for ur brother's transaction. u'll file application for quashing the complaint.

Hello sir,

I am satisfied by your valuable reply,

Thank you very much sir.

Basanna

Hello Sir,

I am thankful to you for your valuable suggestions.

Basanna