Cheque Dishonour 138 Sec. – signature differed and insufficient fund

[Muthu Subramanian]

Dear Sir, I filed a case for cheque dishonour under Section 138 of the Negotiable Instruments Act. My lawyer was failed to notice the reply from the accused that My Husband Cheque was wrongly given since account for both is in same bank and admitted the transaction Rs.2 L instead of the actual Rs.3.5 L. Banker return statement also stating that “Insufficient Fund” not shown the signature differed / mismatch which was agreed by the banker’s manager in front of the judge that they have not verified the account holder as well as signature but it was confirmed by him that there were two issue i.e. signature differed and insufficient fund. In this regard, the judgement was not favour to me. Judgement was “Judgement pronounced accordingly accused found not guilty of
offence of Dishonour of cheque and acquitted u/s.255(1) crpc” Nature of Disposal: “ACQUITTED”. My Questions are as follows;
1) It is mandatory to file this under both section 138 and 420 ?
2) Is this reason for dismiss of the case ?
3) Can we include the section 420 while appeal further ?
4) Appeal to be made in District Court or High Court ?
5) Will it be favourable to me if i go for appeal ?
Request your clarification please.
With Regards
R.K.Muthu Subramanian

[Dr. Ashok Dhamija]

It is not possible to fully comprehend your question. I am replying to your question to the extent I could understand. Further please note that it is not possible for me to reply on the details facts of the case without having gone through the detailed facts.

It is not mandatory to file a cheque bounce case both under Section 138 of Negotiable Instruments Act and Section 420 of IPC. It depends on facts of the case concerned. But, generally, a cheque bounce case is filed only under Section 138 of the N.I. Act.

I cannot comment on whether this is the reason for dismissal of the case. For this, you have to read the judgment as to why it was dismissed. Consult your lawyer if you cannot draw the conclusions from the judgment.

No, if the original case was under Section 138 N.I. Act only, then it may not be possible to include Section 420 IPC while filing appeal.

Appeal has to be filed in the District (Sessions) Court.

I cannot comment on whether the appeal would be favourable to you. It all depends on detailed facts of the case and various other factors.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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