Prema (Junior Training Officer) 25 February 2012

Ni 138

My friend had taken a loan for Rs.10,000/- from Mr Ashok and he had given a blank cheque and pronote and he signed the cheque with different signature he has not signed the cheque with his original signature. Now the same cheque has deposited for Rs.25,000/- by Mr.Chethan. The cheque has been bounced has insufficient funds. They sent notice and he replied the notice by the lawyer that he had no transaction with him. Now summons has been issued and it is on March 3rd. What to do he is worried about this what might happen for the wrong signature? can he win the case?

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6 Replies

R Trivedi (advocate.dma@gmail.com) 26 February 2012

Your friend took a loan ! he deliberately signed the due cheque with different signature !!

And now you want to win the case !!!

Advise your friend to settle the matter with complainant with due honesty and honorably come out of this mess. Amount involved is not worth fighting that too when actions of your friend are also not so honorable.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 26 February 2012

I also agree with trivedi. but as you inform that the cheque presented before the bank for encasement for a sum of rupees 25000/ then the burden of proof lies upon the complainant to prove it that you & he has some relationship and you have some liability. no need to worry feel free to call

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 26 February 2012

I guess, this query shows the kind of litigation we are facing in this country./

One gives a cheque with false signatures

Second presents it with higher amount.

Both engage lawyers, who take dates after dates and brings burden on our justice delivery mechanism. Then the same people complain that it is too slow.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Prema (Junior Training Officer) 01 March 2012

Mr.Ashok has not presented the cheque who has given amount, the cheque is presented by Mr.Chethan. My friend does not know Mr.Chethan who he is ?

R Trivedi (advocate.dma@gmail.com) 02 March 2012

One gives a cheque with false signatures

Second presents it with higher amount.

Both engage lawyers, who take dates after dates

and brings burden on our justice delivery mechanism

Then the same people complain that it is too slow !!

This is poetry !!

Recently that Nisha female case came to lime light again. How she took advantage of 498 to damage the life of that boy and his family, and after 8 years the court realises that she was not his wife so no case ground !! What a travesty !! Defence lawyer could not find this, he was too busy taking dates.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 March 2012

Yes Ld. Trivedi,

Recently on a debate on Star TV, which I was also present, the opposite side was hell-bent on saying and proving that 498a is applicable even if the girl was not married. :P

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com