138 NI Act

ksvrajuadv (Querist) 15 December 2010 This query is : Resolved
Accused borrowed money Rs 45000/from complainant in the year of 2005 by cheque.Accused gave blank cheque to complainant widout signature,widout date & widout any amount.complainnat put himself accuesed signature,Ist added date14/11/05 &then added date 14/12/06.complainant pesented said cheque for clearance through her bankers on 13/6/2007,but the same was returned wid remarks IN SUFFICIENT FUNDS.Plz suggest me what r the chances of accused,whether he win his case & on what grounds.

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Raj Kumar Makkad (Expert) 15 December 2010
Though issuance of the cheque and its dishonour gives a prima-facie inference in favour of the complainant but this inference is rebuttable and if the accused successfully proves that the cheque do no bear his signature and further that the same have been fabricated then the fate of the case shall be opposite and the complainant shall have to bear its results.

ashish lal (Expert) 16 December 2010
@Varinder Kaur

Could a reasonable person hand over to any person a cheque without signature,amount or date? Accused case appears to be false

Accused could ask court for Forensic Test to be performed on cheque.

s.subramanian (Expert) 16 December 2010
yes. You have a good case,if you prove that the signature in the cheque is not yours.

PALNITKAR V.V. (Expert) 16 December 2010
if you prove that singature on cheque is not yours, then you will get acquittal!

Kirti Kar Tripathi (Expert) 16 December 2010
agree with experts.

DEFENSE ADVOCATE.-firmaction@g (Expert) 16 December 2010
For signature mismatch you should have bankers testimony in your favor.

Advocate. Arunagiri (Expert) 16 December 2010
It seems your query is imaginary. If the signature mismatches, the banker will return the cheque only for that reason, not for "insufficiency of funds."

Sri Vijayan.A (Expert) 17 December 2010
I agree with Arunagiri.
However, if u can prove about the signature, the accused can get acquited

Arun Kumar Bhagat (Expert) 26 December 2010
I agree with experts.

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