utkarsh 10 July 2017

Cheque bounce in insufficient balance but i did'nt sign it

Recently what happened with me my cheque got stolen and it was un signed soon i got the msg that my cheque has been bounced with reason that there's insufficent balance in it but the worst part was that the person whowas cheating files a NI 138 case on me saying that i issued him a cheque of rs.9 lakhs whitout having funds in it and when i got to look at the cheque clearly there were not my sign on it the sign were not even close to what my original sign is.

When i asked my bank why didnt they matched the sign so they said there are clear guidelines from rbi to check funds in the account first id the cheque is exceeding arrangements then we can return the cheque with the reason insufficent funds.

What can be done now as the leagal case has been filed against me.

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3 Replies

Arjun Kohli 10 July 2017

It seems a sufficient defense to make in the case, where you can conveniently make the bank admit that the signature on the cheque and your account signatures were different. Once you're acquitted you can file a counter case of Perjury/Cheating and what not. Infact the said person is misusing the mechanism of law to cause an illegal and unlawful action to be taken against an innocent person, thereafter, misguiding the Court.

Have your lawyer look into the appropriate laws and move the necessary applications. Quite a lot of actions can be taken in such matters.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 11 July 2017

You should file an FIR against the complainant under Sections 463 to 465 IPC for forgery. You can include the name of the banker as accused under Sections 120 A and B of IPC criminal conspiracy.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 11 July 2017

Actually this is not a case misuse of legal mechanism, but a failed attempt at cheating you. If there were sufficient funds, the accused and the banker would have gotten away stealing your money.

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