Arup Chatterjee (Scientist) 16 August 2013

False sign on cheque

My brother took admission to a BEd course through an admission agency. But finally the University didnt gave the registration for legal problem in their state. The agency was bound to refund the money. So, the owner of the agency gave me two cheques. My bank says that the sign is not matching. Now whenever I call him he always says that he is not in the town.

Is it a offence to make false sign on cheque? What kind of legal preference can I get ? Can I force him saying that if he doesnt give me new cheque or money then I would go to Criminal court?

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4 Replies

Kumar Doab (FIN) 16 August 2013

Cheque bounce due to variety of reasons is offence under NI 138:

The following decision of the SUPREME COURT OF INDIA may kindly be examined by the learned experts/members.

M/S LAXMI DYECHEM

Appellant

VERSUS

STATE OF GUJARAT & ORS.

Respondents

https://indiankanoon.org/doc/17256619/

Attached File : 724379187 cheque bounce due to variety of reasons is offence under ni 138 2012 stpl(web) 689 sc.pdf downloaded: 76 times

Advocate Bhartesh goyal (advocate) 17 August 2013

You can Initiate criminal proceedings against agency and its officials u/sec 138 of N.I.Act and also file complaint u/sec 420&406 of I.P.C.

Sudhir Kumar, Advocate (Advocate) 17 August 2013

for action under 420/406 you need not even give notice line in s/138. You can just register matter in the thana, where you received cheeu, or where you presented cheque, or where the cheque was sent by bank, or where the cheque was written, or where the cheque was despatched to you.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 17 August 2013

Dear Arup

you have to send a legal notice to him for demand your money with a stipulated time of 15 days and if he is not ready to make payment then file a criminal complaint u/s 1`38 read with section 420 of IPC.

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