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Shivam Jaiswal   23 March 2023

cheque dishonour

There is some sale purchase of books and cheque is issued by the accused in favour of the complainant but when the cheque is drawn in the bank Cheque bounce insufficient fund.

I'm from the accused
As per accused cheque is never issued to the complainant and the signature in the cheque is also differ.

please suggest any Judgement of High Court and Supreme Court


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     23 March 2023

First of all you appear before court and participate in the case.

You can refute the charges stating that this signautre is not yours and can ask for referring this cheque for an opinion by an handwriting expert from the forensic department and get the case dismissed if the report is in your favor.

You can look for the judgment at the stage of final argument and not now itself.



Shivam Jaiswal   23 March 2023

Thanku sir 

Sir one request please suggest any Judgement which i cited before the hon'ble court

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 March 2023

In a case where the cheque is returned unpaid by the bank on the ground that the signature of the drawer on the cheque differs from his specimen signature on record of the bank, a case of dishonour of cheque punishable under Section 138 may be made out if other ingredients of the offence are satisfied.

1 Like

Dr J C Vashista (Advocate)     24 March 2023

The reason for dishonour of cheque can be either "insufficient funds" or "signature differs", it can't be both.

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