Signature mismatch in cheque.

D.G. Mohan (Querist) 23 December 2012 This query is : Resolved
As per the Supreme Court order signature mismatch also is ground for filing case under sec 138. My fear is, what is our position if our cheque is forged and how court will view the case?

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V R SHROFF (Expert) 23 December 2012
to forge, he nee chq bk.
to win the case he have to prove legal liability, the moment you deny.

Sudhir Kumar, Advocate (Expert) 23 December 2012
anyway safe custody of cheque book is customer's responsibility

R.K Nanda (Expert) 24 December 2012
state full facts.

ajay sethi (Expert) 24 December 2012
you have to deny that cheque signed by you . not in your handwriting . evidence of hand writing experts is crucial

Isaac Gabriel (Expert) 25 December 2012
The Supreme court has also codified to put the drawer of the cheque on notice before initiating action.In case of forgery the fact will get revealed when the drawer or the account holder can awake.

D.G. Mohan (Querist) 28 December 2012
I think basic structure of signature has changed,if signature mismatch is allowed. What is the difference between signature mismatch and forged signature?Somebody forges our signature and file a case. To prove this we have to go to the Court for years like a criminal, since it is a criminal case.

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