N.i act u/s 138 .authorised signatory
Querist :
Anonymous
(Querist) 24 November 2017
This query is : Resolved
There is another very peculiar problem in my legal case -138 N.I act
I , Rashim rajpal as authorised signatory of the company signed cheques on behalf of the company and gave it to some vendor on trust but he misused the cheques by presenting them in bank .
1. The formeost point is that the complainant has not mentioned my name Rashim rajpal (signatory of cheque) in the complaint but has mentioned one of the directors name and company's name in the complaint and has also presumed that the director has issued cheque which got bounce .
2. The complainant has forged the cheques by making 24/1/2016 to 24/4/2016 which can be made easily. The cheques were issued on 24/1/2016 . I immediately got to know about the forgery and complained the bank to stop the cheques and mentioned that there was material alteration in dates. The cheques got bounced and he obviously did put up the complaint . Cheque memo stated - 'Signature mismatch and Material alteration' as the reasons for cheque bouncing.
A.Now my concern is that when the complainant has not mentioned the name in the complaint who has actually signed the cheque . Can the complaint be quashed on above grounds ?
Because according to my lawyer it is must to mention the name of person and the complainant has to make party in complaint who has signed the cheque.
B. Second thing i am thinking is to make an appeal for material alteration done in the cheque . Please suggest
Can the complaint be quashed on (A) AND (B) GROUNDS ?
Advocate Bhartesh goyal 
(Expert) 24 November 2017
Challenge the cognizence of cheque bounce order before High Court u/s 482 of Cr.P.C on the ground A, complaint can be quashed on this ground but on ground B complaint will not be queshed as to prove material alteration evidence is required.
Guest
(Expert) 24 November 2017
There is plenty of mismatch in your own description of the problem, which reveals as if it is some hypothetical academic problem.
Secondly, how anyone can guess whether the case can be quashed or not without examination of the case related documents?
Thirdly, when the case has yet to be filed, where comes the question of filing an appeal and for what?
.
Kumar Doab
(Expert) 24 November 2017
Aq...............so no reply..
Dr J C Vashista
(Expert) 25 November 2017
No reply for anonymous author, sorry.
Dr J C Vashista
(Expert) 26 November 2017
@ Rashim Rajpal,
Being authorised signatory you are to be prosecuted along with other directors and of course the company, under the provisions of Section 138 of the Negotiable Instruments Act, 1881 read with Section 420 of the Indian Penal Code, 1860 for committing an offence of dishonour of cheques issued from the account maintained by the company and committing cheating with the "holder of cheques" /complainant despite the fact there is material change in the date, which is to be proved/disproved in evidence besides instructing your banker to "stop payment".
Find out amicable settlement with the holder of cheques otherwise the company and its Directors (including authorised signatory) shall be sent to jail and awarded fine to the extent of double the amount of cheque(s).
