brindha devi (house wife) 01 June 2012
respected members... i just have this query...if someone owes me a payment and issues me cheque which r filled in front of me completely and the person willfully does wrong signature on those cheques....and then later he stops payment of those cheques...what will be the course of action in that case...means how to prove that cheque was issued by that person to me....
C. P. CHUGH (Practicing Lawyer) 01 June 2012
Signatures on the Cheque are very important but not the last word. You can request the Trial Court to send the cheque for verification of writing on the cheque to be compared with that of accused. Once it is proved that the cheques were drawn by the accused and he signed differently with malafide intention, you can press upon charges under section 420 IPC alongwith 138 NI.
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 02 June 2012
Every action has counter action, first you have to prove legal liability than all other things will come.
As you say the cheque is signed before you so till you have a credible witness it can not be assumed that the cheque has come from the custody of accused.
Curious Sam (Self) 03 June 2012
What happens in the opposite case, that is, only the signature is in the handwriting of the drawer?
YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 03 June 2012
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