misusing of blank signed cheque, now facing 138, help me.

You consult a good local lawyer and discuss all the facts with him/her as to why you have given that  cheque, how it was misused,  show him the notice received and other documents, so that he can guide you properly. From what appears from your post I can only say that even though that person has filed a false 138 case,  the liablility  u/s. 138 NI arises only when it  was issued for some legally enforceable debt.

Have you replied to the notice issued by a person?  There is a presumption in the act that cheque is issued towards legally payble debt. 

Let me knowwhat the person is doing to  cross examine him you will have to prepare, there is lot of defenses avaialble in NI Act to defend.  So if possible mail the copy of the complaint.

IF YOU ESTABLISH -IT IS A POSTDATED CHQ, YOU HAVE NO LEGALLY ENFORCEBLE DEBT/LIABILITY TO THAT PERSON .YOU WIN THE CASE.

THE DAY ONE YOU RECEIVE THE NOTICE BE CAREFULLY TO FOLLOW THE LAW, YOU WILL SUCCEED.

BUT CONSULT AN ADVOCATE OF SAME COURT.

You are advised hereby ,file a complaint  to police against the person to whom you have issued a blank cheque with your directions to hand over to some one.

Cheque is a more danger document than money. Now you have to work hard to establish the circumstances.

Try DNA fingerprinting that the person's got that cheque. Get it sealed by moving the High Court. This is the only tiny escape route as courts don't use belief methods. Further, when he filled the cheque the handwriting would be different. NIA won't entertain forensic stuff. Despite the longest Constitution in the world, India remains anachronistic in so far as science,technology are concerned as of now. Or you can play the fox, tell the court that you'll pay the amount in three instalments. See, who comes. But that could be risky.

Dear guess

very smart

If he filled the cheque, then a handwriting analyst will easily solve the problem as signatures and his handwriting would not match. Move the court and involve local police. BUT NEVER THE CBI. SC these days is avoiding CBI and is concentrating on State SITs.

In a notice which I received for a false case, my brother's advocate himself mentioned that I had taken a loan from my brother and given post dated cheques as security and the cheques have now bounced.  The reality is that my brother stole my blank cheques from my almirah and filled out the name of payee, amount & date etc: on the cheque.  In light of your answer, is a case made out under section 138, if the brother himself says, in the notice,  that I gave postdated cheques when he gave me the loan.

How does one file a TEP (Tax Evasion Petition) against  a person who has served me with  a false cheque bounce notice alleging that I had taken a loan and given postdated cheques which have now bounced for insufficient funds.  Whom do I submit the petition to, what evidence do I submit and is there any risk to me in doing so - any legal liability.

Alternatively, how do I obtain the tax returns of the complainant for the last 10 years to prove that the complainant could never possibly have advanced me any loan.

I have the same problem Sir. Given a signed blank cheque to friend for joint venture we were working on. But aftter three months, when the friendship broken due to a failed business he presented that cheque on his brother's name for Rs. 20 Lakhs. I didn't get even single painse from his brother but now he served me with a notice of his lawyer that I took this money for my business and given a cheque in that regard. Before a day of his presentation that cheque in bank I requested bank for stop payement as some mediator told me that he has bad intentions. So cheque was gone back with a memo of "Payment stopped". I have contacted an advocate and he says, nothing to worry about but I just want to sure with your valuable suggestion that what my status is ? Is am I in any danger? Can he proove that I owned this amount from him (In cash) ? Is 138 apply on me ?

First of all you should have posted your problem in  a new thread instead opening an old one.

Now recent SUPREME COURT judgements have closed many such defenses in cheque bounce cases like stop payment, lost cheque, misused cheque etc etc.

Case may be filed and you have to properly defend it from day one otherwise in over confidence valuable time for  defense will be lost.