138 of N I act

Vikash yadav (Querist) 07 August 2010 This query is : Resolved
A person knowingly issued a cheque with wrong signature and take a loan from his friend. now, he malafidly not returning the amount and the banker has written the cheque with remark "signature differ" please guide and also provide drafting,if any available.

Thanks

vikash

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s.subramanian (Expert) 08 August 2010
no. you canot do anything.

Vinod Singh Tomar (Expert) 08 August 2010
Section 138 of N.I. Act is attracted apart from that you can also file complaint U/S 420 of I.P.C. I am advising so because 420 is non compoundable offence whereas 138 of N.I. Act is compoundable Offence. If you club both offence/s together, the permission of the court for compounding the offence will be required. so file separately complaint U/S 420 of I.P.C.