Willful altering of signature to ensure cheque dishonour

Prasanna (Querist) 26 December 2017 This query is : Resolved
I had loaned 3 lakh to an acquaintance in good faith. When the repayment got delayed, I had to continuously follow up, and he has given a cheque for 3 Lakh. On presenting, the bank has returned the cheque with comment "Signature not tallying"

I now feel the acquaintance had no intention of repayment in the first place and hence had altered his signature. What recourse do I have to recover my money.

Follow Query

Report Abuse

Vijay Raj Mahajan (Expert) 26 December 2017
Send him notice about cheque bouncing on the ground of wrong signature and ask the amount given on loan back immediately failing which appropriate legal proceeding both civil and criminal will be initiated against him on his risk and cost.

Guest (Expert) 26 December 2017
Well advised and agree with Expert/Advocate Mr.Vijay Raj Mahajan

Kumar Doab (Expert) 26 December 2017
The bank and banker has duly communicated to drawer (you) the reason for being unable to honor the cheque; ’Signature Mismatch’.
Now you need to communicate to the person that has issued the cheque to make the payment to you.
The person that has issued the cheque is to responds to you.
Complete the transaction from your end timely, and transfer the onus on OP.
Issue the notice by Redg. Post

Sankaranarayanan (Expert) 26 December 2017
I do endorse with experts

Advocate Bhartesh goyal (Expert) 26 December 2017
Signature mismatch/differs comes under the purview of sec 138 of N.I.Act and offence is punishable with imprisonment for [a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both: so you may initiate proceedings of sec 138 of N.I.Act against him.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now