company opened branch in my name and send me 138 for cheque returned of ac close

[Suresh Chauhan]

Our company have opened branch in other state in may name, but company have get signed distributorship agreement in my name and we have started business, they have whole cheque book of the current account with them duly signed by me. now i have left the job since two years, and my old company pressuring me to recover their branch dues from market. and recently they have deposited the cheque in bank and send me 138 notice. what to do in this case

[Dr. Ashok Dhamija]

It has to be shown that the cheque was issued to discharge any debt or liability, though it will be presumed in the first instance by court. But, you can rebut this presumption and show that the cheque was not issued to discharge any debt or liability.

If you have not been having any transactions with the company, you can show that.

It is advisable that you consult some local lawyer by showing him all documents and sharing full details, because it is not possible to offer you specific guidance in the absence of knowledge of full facts.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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