138 n.i.act
jasvinder
(Querist) 02 February 2010
This query is : Resolved
the applicant is a financier and financed to one for purchase of old truck.the amount financed was made by dd.the person also executed a hire-purchase agreement and same was endorsed in regional transport authority.when applicant asked the installments the person issued a cheque of rs 400000 in name of firm of applicant.the same was bounced due to insufficient fund tha applicant send legal notice which that person refused to take so applicant filed case of 138.
during cross examination of applicant the applicant answered a question of accused lawyer that said cheque was brought already filled in front of applicant and the accused only signed the chequue in front of applicant.
now the accused advocate moved a application in defence to call writing expert which was allowed by lower court
my question is since tha applicant already said the cheque was already filled when it was brought in front of applicant and the applicant dont know if said cheque was filled by accused or not.now if expert says that the writing of signature and cheque filled is differ than will the case will close, any remedy or citation if any
Arvind Singh Chauhan
(Expert) 02 February 2010
writing on the cheque is of least value than the signature on the cheque. If the accused produce himself as a defence witness, you can ask him" you have signed the cheque after carefully, reading what is written on it"
Raj Kumar Makkad
(Expert) 02 February 2010
If the defendce counsel has only disputed the contents of the cheque and has put no question or suggestion over the signature of the accused then it is an admission of the signature of the accused over the cheque and it is more than sufficient to establish the crime under section 138 NI Act and signature expert even if gives his opinion that the writing except signature is different even then it has no impact on the merits of the case.
Sukhija
(Expert) 03 February 2010
I fully agree with expert makkad
B K Raghavendra Rao
(Expert) 04 February 2010
In 138 proceedings, it does not matter whether the cheque was written by the accused or anybody else. The only dispute that matters is about signature. If the accused has signed the cheque, it is as good as giving authority to the other person to fill the cheque. Therefore, if it could be established that the accused has signed the cheque, it seals his fate.
