Blank cheques signed by employee of firm who was past partner of firm

[Anonymous]

Dear Sir,
i was partner in partnership firm (total two partners), but after 1.5 months , i withdrawal my partnership under Arbitration & Conciliation (it was written in deed) . i don’t get any financial profit from said firm’s account. after that, i joined the same firm as an employee. and signed the blank cheques, but the owner of that firm has left the office with all legaly documents of firm including cheque book.
after that he misused my signed cheques. i complained to recover the same signed cheques before misusing. but no any action taken by local police. now some parties filed case under 138 against firm and showing – partner of said firm .

it showing that my past partner used my name in front of parties for business purpose. But i have attested written statement about arbitation. and i was not responsible for any type of business purpose and all liabilites of past or future had accepted in writted by my previous partner at the time of arbitation.

i complained agaist firm’s owner and All cheques used 4 months after of my compaint

Please sugges best…that what i do

Suresh Kumar

[Dr. Ashok Dhamija]

What you have mentioned in the question, can be stated by you in your defence: that you are no more a partner; that you are not responsible for any activities of the firm; that you are only an employee; that all liabilities had been accepted by the other partner; that you had been asked to sign the blank cheques and they were misused by the other partner; etc.

You should not have signed blank cheques. And, it is not clear whether you signed on blank cheques as a partner or as an employee. You’ll have to prove the case on merits of the 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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