cheque signature differs – whether cheque dishonour case made out

[sreekanth T]

Sir ,

i have presented the cheque to bank , it gets rejected due to signature difference , My question can i file the case against him ,Even i have one more cheque and promisory note with same signature pls help me out….he has to pay 1lakh

[Dr. Ashok Dhamija]

As I have pointed out in Drawers signature differs – whether cheque bounce case made out, in a case where the cheque is returned unpaid by the bank on the ground that the signature of the drawer on the cheque differs from his specimen signature on record of the bank, a case of dishonour of cheque punishable under Section 138 may be made out if other ingredients of the offence are satisfied. Please read my about answer 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.

[sreekanth T]

Sir ,
thank you for the reply ,i dint understand after reading so much im confused so pls let me know can i file the case under negotiable act 138 or not

[Dr. Ashok Dhamija]

Yes     

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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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