cHEQUE DISHONOURNED DUE TO SIGNATURE DEFER

Querist : Anonymous (Querist) 05 January 2011 This query is : Resolved
R/Sir
My customer give me a cheque which was dishonour due to signature defer,now what is remedy available to me as the customer has refused to make the cheque payment,i have to file a complaint u/s 420 IPC or complaint us 138 NI Act is maintainable in given facts.Kindly suggest. Thanks

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Amit Minocha (Expert) 05 January 2011

Since the signature differ, 138 remedy may not be available to you but can proceed u/s 420. File a summary suit as well along with proof of transactions and cheque as well. It may help you to recover the amt earlier.

Guest (Expert) 05 January 2011
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com

KINDLY NOTE THAT.
1.YOU MAY SEND A LEGAL NOTICE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT IMMEDIATELY WITHIN LIMITATION PERIOD THROUGH LEGAL EXPERTS AND DEMAND THE REPAYMENT OF SAID AMOUNT OF CHEQUE..IN CASE THE SAID PARTY REPAYS THE CHEQUE AMOUNT IN LIMITATION PERIOD THEN MATTER ENDS.BUT IN CASE HE DOES NOT REPAY THEN YOU HAVE TO FILE A CRIMINAL COMPLAINT UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT IN THE JUDICIAL MAGISTRATES COURT HAVING AREA JURISDICTION.

YOU MAY WRITE AND SEND DETAILS WILL HELP YOUR.GOOD LUCK.REGARDS TO ALL.
YOURS SINCERELY
NANDKUMAR B.SAWANT.ADVOCATE

Guest (Expert) 05 January 2011
the signature differs will not attract 138 of NI act. For which issue legal notice and claim if paid don't worry/. otherwise file a suit for recovery of money based on cheque

ashish lal (Expert) 05 January 2011
I agree with Mr. S.Ganesan

Guest (Expert) 05 January 2011
file a suit for recovery of money...........

Raj Kumar Makkad (Expert) 05 January 2011
Follow Ganesan.

Querist : Anonymous (Querist) 05 January 2011
Thanx to all Experts

Advocate Bhartesh goyal (Expert) 05 January 2011
I agree with Mr.NandKumarB.Sawant.Bouncing of cheque with signature differs attract offence u/s 138 of N.I.Act Please go through the judgment 2002 crimes 105 [Bombay]

Kirti Kar Tripathi (Expert) 06 January 2011
In my opinion, 138 NI Act will not attract, file suit for recovery of amount.

DEFENSE ADVOCATE.-firmaction@g (Expert) 06 January 2011
No NI 138 will be attracted and IPC 420 only when you can show ingradients otherwise the party can slap extortion case.

Ajay Bansal (Expert) 07 January 2011
No offence os made out so no criminal com-plaint will be succeeded.

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