Accused discharged as cheque is stamped in name of bank

Can you paste the relevant portion of the order. I am sure the complainant must have failed in couple of other points as well. Generally if everything else is handwritten , then it is quite difficult to believe that payee name is stamped, this may happen if there are too many cheques issued in the name of payee on regular basis. 

Weird, but would like to see the order.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

What was the reason given by the bank for returning the cheque? Was it that the name was only stamped and not handwritten? If the cheque was returned by the bank for insufficient funds in the drawer's account, the accused cannot escape merely because the name was stamped. Generally the accused will not have a stamp with the name of another person and in this case that of the the complainant. He may have used the name stamp of the complainant  with or without his knowledge or permission. I do not think that there is anuthing in the Act which makes a cheque with the name of the payee stampted on it not valid. Reserve Bank of India issues instructions to banks on many things including criteria for acceptance or rejection of instruments. For instance previously an altered cheque was still valid if the alteration was endorsed by full signature of the drawer. Now Reserve Bank has given instructions that that a cheque with alterations should not be paid even if endorsed by drawyer with full signature.

If the cheque was returned unpaid just for the reason that the name was stamped the Complainant will still have claim on the accused for the amount. But I do not think that the accused can be punished on that count.  The accused can claim that he honestly believed that it was a valid cheque. By accepting the cheque the compalinant also believed that the cheque was valid.

There appears to be more to this case than what meets the eye. The matter is so trivial that it could have been mutually settled without going to court.