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Urgent -- Negotiable Instrument Act

(Querist) 13 April 2009 This query is : Resolved 
Res. Member
A cheque has been issued by the accused without sing but he signed on the back side of the cheque.

1) Whetehr I an file a complaint u/s 138

2) Whether the FIR may lodge u/s 420

Pls urgent
sanjeev murthy desai (Expert) 13 April 2009
Dear Chethan,

In my view you can file a complaint u/s 420.

sanjeev desai
n.k.sarin (Expert) 13 April 2009
In my opinion complaint under section 138 of N.I Act is not maintainable. Bank is not under obligation to accept cheque for payment without signature.Mr Sanjeeve rightly suggested you to file a complaint u/s 420 of IPC.
Ravi Arora (Expert) 13 April 2009
agreed with n.k.sarin
Jithendra.H.J (Expert) 14 April 2009
you cannot file complaint under section 138 of NI Act
A V Vishal (Expert) 14 April 2009
With due respects to the opinions expressed by my friends, In the first instance how did the complainant accept without the signature on the face of the cheque. In case the signature differed then there could had been substance in the complaint. Kindly post full details of the case. In my view both complaints U/s 138 of N I Act & 420 of IPC is not sustainable.
U can't file any complaint u/s 138 NI Act as the cheque bears no signature of the accused upon the cheque. U can undergo u/s 420 IPC.
Ashey (Expert) 14 April 2009
i go with Mr. Vishal

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