138 of N I act

Vikash yadav (Querist) 07 August 2010 This query is : Resolved
A person knowingly issued a cheque with wrong signature and take a loan from his friend. now, he malafidly not returning the amount and the banker has written the cheque with remark "signature differ" please guide and also provide drafting,if any available.

Thanks

vikash

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Devajyoti Barman (Expert) 07 August 2010
The acts falls within the dishonouring of cheque and the creditor can file a case against him after sending the borrower the statutory notice in time.

DEFENSE ADVOCATE.-firmaction@g (Expert) 08 August 2010
Unless you can produce a relaible witness before whom the cheque was given it is sham cheque.

Arvind Singh Chauhan (Expert) 08 August 2010
I think it does not cover 138 NI Act but may cover purely 420 IPC.

Rajeev kulshreshtha (Expert) 08 August 2010
The provision of 138 NI act does not attract but you can file criminal complaint u/s 420,406 IPC.

Sushil Kumar Bhatia (Expert) 08 August 2010
If cheque was issued by the person from his account that has been dis honour by bank for payment the act is offensive and punishable under NI Act

B K Raghavendra Rao (Expert) 08 August 2010
It does not fall under NI Act. It is a clear case of cheating under Section 420 of IPC. File a police complaint against him.

RAJENDRAN K.M. 09443050520 (Expert) 08 August 2010
Mr.BKR answer is correct.

Niikhil C. Shirgaonkar (Expert) 09 August 2010
You can file a case against the drawer of the cheque us 138 of NI ACT and even under IPC also. In case of Sec 138 the burden of proving that why the cheque has been issued in the on the drawer of the cheque in not on you. Let him come, contest and explain that if it is not signed by him then how it came in the custody of yours. And if you have obtained it s custody by wrong means why the drawer has taken any legal action before this.

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