138 Sign Differ
Vikas Kumar
(Querist) 27 April 2015
This query is : Resolved
Dear Sir!
I lost one of my unsigned cheque and in fact the same was stolen by one of our acquaintance and the same was presented with forged signatures in the bank by him which eventually got dishonoured with the reason 'signature differs.' I got to know about the same when I got a legal notice from the said person. I however replied stating the fact that I had lost that cheque and the cheque did not bear my signaturee at all. The expert also verified that the signature nowhere resembled with that of mine. The expert report is also lying with the court as an evidence But the case is still pending.
Please suggest me the future course of action.
Vikas Kumar
(Querist) 27 April 2015
Am I guilty in the entire process as I did not file any complaint about the lost cheque?
Anirudh
(Expert) 27 April 2015
So long as you can prove that the signature on the cheque is not yours, you will succeed.
Guest
(Expert) 27 April 2015
Mr. Vikas,
What is the opinion of your own lawyer on your contention and the manner he wants to proceed?
However, I agree with the advice of Shri Anirudh, provided you are able to prove that the cheque was stolen.
Kappil Cchandna
(Expert) 27 April 2015
Sir,
Was the other party able to prove any legal liability against you for the cheque issued by you even if we accept for the sake of presumption. ....
Warm Regards
Kapil Chandna Adv 9899011450
Rajendra K Goyal
(Expert) 28 April 2015
If there was a fraudulent signatures, you should have lodged police complaint for attempt to withdraw money by forging your signatures.
P. Venu
(Expert) 28 April 2015
The facts, as stated, are unconvincing. However, return of the cheque for signature mismatch do not constitute an offence under Sec.138 NI Act.
malipeddi jaggarao
(Expert) 28 April 2015
There are only two main points.
1. The signature differs - is the remark of your Bank. That is a strong proof that you have not drawn the cheque.
2. Whether the holder of the cheque (who presented it) can establish consideration?
Though consideration is presumed in cheque transactions, since the drawer(you) is stated that it is not drawn by you, now it is for the payee (who presented the cheque) should prove that the cheque has been given for discharging financial liability.
Now come to your side. How a single cheque is lost? Whether any more cheques are also stolen? Have you intimated the Bank to stop payment of the stolen cheque/chques.
You say that the cheque was stolen by one of your acquaintance. Did you not intimate the Bank for stop payment of this cheque. Did you not lodge any police complaint against that known acquaintance? If you did not, what are the reasons?
It is very clear, that it is a known transaction to you. You owe some money/financial obligation to the payee (who presented the cheque) and only to escape your liability you deliberately got the signature forged so that Bank would return the cheque. If the other advocate argues on these points what is your answer?
Give full facts. Hide and seek will not serve the purpose.
Guest
(Expert) 28 April 2015
You have not replied my yesterday's query so far. Mere plea of cheque loss and that not bearing your signature may not help you to defend your case if your liability is proved otherwise. However, in order to arrive at some appropriate opinion to advise you for future course of action, the contents of notice as well as the petition are required to be examined thoroughly.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
You have to deny the signature in the cheque, that is the major defence to be adopted.
