check bounce due to insufficient amount and mismatched signature

[Vipin Singh]

My father got a check amount one lakh, but check got bounce, and my father file a case against party after ten years of hearing in court signature expert told that mismatched of signature.
So pl advise me what we can do now

[Dr. Ashok Dhamija]

You have said (in the heading of your question) that the cheque bounced due to insufficient (balance) amount and mismatched signature.

If the cheque bounced due to insufficient balance in the bank account of the drawer of the cheque, then it is clearly a case of dishonour of cheque.

And, as I have pointed out in my article (Drawers signature differs – whether cheque bounce case made out?), an offence under Section 138 of the N.I. Act may be made out even where the cheque has been returned unpaid on the ground of signature difference, i.e., mismatch of signatures. Please read the above article for more details.

     

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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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