Cheque bounce case laws
ramaraop
(Querist) 13 May 2012
This query is : Resolved
a issued a cheque
b deposited the same returned unpaid due to insufficient funds
b file criminal complaint
a state that subject matter cheque is not signed by a
the question is whether procution side has got any chances to estlablish their case
ramaraop
(Querist) 13 May 2012
case laws cheque bounce
SAINATH DEVALLA
(Expert) 13 May 2012
Mr.Rao,
Are you a junior advocate? Cheque bounce is a clear cut criminal case under section 138 NI Act.Case laws you will find in different sites.
ajay sethi
(Expert) 13 May 2012
if accused denies his signature on cheque complainant will have said cheque referred to handwriting expert . complainant will prove that cheque has been signed by accused
Shonee Kapoor
(Expert) 14 May 2012
I agree, handwriting expert would be called.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 14 May 2012
at what stage accused stated this?? 313 or accused chief/ cross??
As new fact, apply for[1] expert opinion + call [2] bank to verify his a/c & signature.
Did B deposed, "A" signed the cheque in my presence and delivered it to me in my presence?
Advocate Bhartesh goyal
(Expert) 14 May 2012
Bank has returned the cheque unpaid due to reason "Funds Insufficient" and not due to the reason "signature differs" so no need to pray for expert opinion for signature on cheque.Please go through the following citations
{1} A.I.R 1999 S.C 2222 L.C Goyal vs Ms
Suresh Joshi
{2}S.B.Crim Misc Pet No 1904/2009 titled as Raj Kumar Gupta vs State of Rajasthan $ others, decided on 6th dec 2010 By Rajasthan Highcourt
V R SHROFF
(Expert) 14 May 2012
BUT ACCUSED WILL BE ACQUITTED IF SIGN NOT PROVED.
