Signature differ in cheque

Querist : Anonymous (Querist) 13 November 2010 This query is : Resolved
Respected sir,

My cheque is return a endorsment of signature differ so may i file complain on 138 n i act?

Any citation?

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Advocate. Arunagiri (Expert) 13 November 2010
Only when the cheque returns with endorsement "insufficient funds", the 138 case will come. You have no case.

Citation not needed, read the act.

Arvind Singh Chauhan (Expert) 13 November 2010
Gainst whom?

s.subramanian (Expert) 13 November 2010
You cannot proceed under Sec.138.

Advocate Rajiv Mishra (Expert) 13 November 2010
file a criminal complaint u/s 420 i.p.c. in relivent court.

Sarvesh Kumar Sharma Advocate (Expert) 13 November 2010
420/406 ipc case

DEFENSE ADVOCATE.-firmaction@g (Expert) 13 November 2010
Signature variation can not be cause of action for IPC 420 let alone NI 138.

If such adventure is done the opponent can slap counter criminal action.

Kirti Kar Tripathi (Expert) 14 November 2010
give notice to ratify the defect, in case, your problem is not solved, file case u/s 420ipc.

Debasish Hota (Expert) 15 November 2010
No, you can not proceed U/S 138 of N.I.Act.

Parthasarathi Loganathan (Expert) 16 November 2010
However the malafide intention of the drawer needs to be established to draw provisions of IPC

Khaleel Ahmed Mohammed (Expert) 20 November 2010
Issue a legal notice in this regard,receiving the reply of the legal notice, you can choose appropriate action .

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