Section 138 of negotiable instrument act
rohit
(Querist) 21 October 2013
This query is : Resolved
If there is difference in signature on negotiable instrument and specimen signature of accused in bank,then what defense is available to accused in law.please suggest some case laws on such point.
Thanks.
ABDUL RAZIQUE
(Expert) 21 October 2013
it is the matter of handwriting expert.
one person may have two signature but in this matter the accused knowingly sign the instrument for harassment. the accused defended by using the word MISTAKE and nothing.
Raj Kumar Makkad
(Expert) 21 October 2013
138 NI act is attracted in the given case but the accused person can take defence while replying the legal notice to produce the cheque again for clearance or he may offer to pay the amount in cash within the stipulated time otherwise it shall be presumed that the signature have been differentiated malafidely.
ABDUL RAZIQUE
(Expert) 21 October 2013
Agree with R.K. Makkad Ji. Nothing more to add.
Nadeem Qureshi
(Expert) 22 October 2013
there is no defense for accused
ajay sethi
(Expert) 22 October 2013
accused can offer to make payment within period of 15 days after issue of legal notice . if he makes payment no offence is committed
V R SHROFF
(Expert) 22 October 2013
If accused deny sign: it is a forgery case.
Question arises , Why he issued chq.
If stolen/ theft, where is Police compl or stop payment instr??
So this defence is by itself a very weak one.
Advocate Rohit, if you want to defend him, go for stronge defence.
One cannot take advantage of his own wrong.
Rajendra K Goyal
(Expert) 22 October 2013
Well advised by the experts, nothing more to add.
