Signature mismatch

sir,

kindly note that.

1.if case is already filed in court, you have to appear before court and apply for bail .as it is bailable offence court will allow bail but you have to furnish your surety documents also with surety present in person in court .

2. You may also file a discharge application on various grounds mentioning that even signature name date and amount on cheque is not written by accused by blank cheques forcefuly collected and fraudulently signed by complainant by forging signature.As there is no legaly enforceable debt and even you may examine your bank manager to prove the signature mismatch and on other grounds.

3. You may also submit an application for calling handwriting experts openion regarding said cheque and signature on said cheque. 

you may defend the case strongly you will succeed. Good luck.

N.B.SAWANT, M.COM.LL.B.,ADVOCATE HIGH COURT

 

you didn't mention whether the other party had filed the case under ni act in the court against you or not, if yes then visit the court on your hearing date, move an discharge application narrating each and every thing on it how opposite party play the fraud with you, request the court for its fsl investigation especially from writing expert, and also asked the court to give direction to the police to registered the forgery and cheating case and do start investigation on it .

Sir,

The case was filed in Delhi and is in DE stage. As mentioned earlier I moved an application for FSL which was allowed by the Hon'ble court. I admitted taking of loan in court for Rs. 20,000/- and was paying interest too before the Hon'ble court. But when the other party filed a false case against me I stopped making the payments. 

My question is:

1) I admitted taking loan

2) There was no fund in my account at the time of presentation of cheque (which was not deliberate)

Can i be exonerated or held liable for the offence which I have not committed?

How can I prove my innocence?

Please suggest.

I assume case is going on u/s 138. Pls note:

 

1) The onus of proving that bounced chq was issued against a legal liability lies with the Compainant. 

2) "Security chq" is not covered u/s 138. You may refer:

a)  Anand Urban Cooperative Credit Society V/s. Vipin Lalchand Mehta & Anr., 2008 (2) Bom.C.R. (Cri.) 65 : 2008 ALL M.R. (Cri) 2266.
b) Goa Handicrafts, Rural & Small Scale Industries Development Corporation Ltd., V/s. Samudra Ropes Pvt. Ltd. & Anr., 2005 ALL MR (Cri) 2643 : 2006 (1) Bom.C.R. (Cri) 157.
c) Hanumant R. Naik V/s. Ajit Harmalkar, 2008 (1) Bom.C.R. (Cri) 432 : 2008 ALL MR (Cri) 486.
d) M.S. Narayana Menon Alias Mani V/s. State of Kerala and Anr., (2006) 6 S.C.C.39. 
e) Karekar Finance Pvt. Ltd., V/s. Shri M.N. Bashyam & Anr., 2007 ALL MR (Cri) 3073 : 2008 (3) B.C. 98.
f) Jayantilal Parmar V/s. Vaishali Farne (2007) 2 Bom.C.R. (Cri) 403.
g) Om Shri Finance & Investment Corporation V/s. Mohemmed Sheikh (2007) 11 LJSOFT (URC) 24.
h) Criminal Application No.898/2009 in the case of Ramkrishna Urban Co-operative Credit Society Ltd. v/s Shri. Rajendra Bhagchand Warma, by The Hon’ble High Court of Bombay at its bench at Aurangabad.

 

I think it will be easy for you to prove that this case shall not attract sec 138. I also think that the other party has done a fraud by trying to forge your signature on the chq, and you may well file a case against hi. Pls be guided by your Lawyer.