Wrong sign on cheque

Querist : Anonymous (Querist) 19 August 2011 This query is : Resolved
if the sign on cheque is wrong... wat is punishment

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malipeddi jaggarao (Expert) 20 August 2011
The cheque will be dishonoured and you can initiate action against the drawer under section 138 of NI ACT. You would require to prove that the drawer has put his wrong signature intentionally to avoid payment and you are the holder of the instrument in due course.

Advocate Rajkumarlaxman (Expert) 20 August 2011
it shows you have intention of cheating you can be booked for fraud, cheating forgery etc see sections 415 to 420 of I P C and 468 to 471 of I P C. along with all this as stated by our expert : malipeddi jaggarao under NI act 138

Advocate. Arunagiri (Expert) 20 August 2011
When the cheque is returned for signature differs, you can not initiate prosecution u/s 138 of NI Act.

Guest (Expert) 20 August 2011
Advocate Arunagiri is right in his opinion, as section 138 relates to cheque dishonour on account of INSUFFICIENT FUNDS, but not due to signature differ.

K.S.Srinivas (Expert) 20 August 2011
I agree with Mr.Dhingra.

Ravikant Soni (Expert) 20 August 2011
138 is not made out. It is cheating by impersonation under section 415, 419, 420 read with 467, 468, 471 IPC

A. A. JOSE (Expert) 20 August 2011
Repeated question. Opinion given previously .

Advocate Bhartesh goyal (Expert) 21 August 2011
Mr Dhingra & Mr Ravikant are right.No case u/s 138 of N.I Act is made out.You can file complaint u/s 415,419,420,467,468&471 of I.P.C.

prabhakar singh (Expert) 21 August 2011
Mr Dhingra & Mr Ravikant are right so is alsoExpert : Advocate Bhartesh goyal

girish shringi (Expert) 23 August 2011
I do agree with Mr. Singh.

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