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devendra (Director)     26 March 2015

Cheque unpaid due to sign differs

i want to know that any case is being proceed under138 for cheque being unpaid due to sign mismatch my client arrange cash deposit in his account in his account and take sign on 100 rs stamp paper but the other party refuse to give us cheque now please tell me what i do ? i stoped this cheque already after the signature mismatch of my client



 11 Replies


(Guest)
If yr client has his sign on stamp paper n this paper has reference of this cheque issye then dont worry. If he send ever demand note after cheque bounce, refer this in yr reply.

Dalip Singh (Advocate)     27 March 2015

Yes,  a complaint under section 138 NI act can also be filed against signature mismatch/signature differ.   So, don't wait and initiate proceedings immediately if validity of the cheque is not expired. If required, I will give the citation tomorrow.

devendra (Director)     27 March 2015

yes i have a receipt on 100 rupees stamp paper and mention the cheque number and that you never ever claim me for cheque but i am worried for my cheque because he is not to want to give my cheque what i do for this.

devendra (Director)     27 March 2015

yes i have a receipt on 100 rupees stamp paper and mention the cheque number and that you never ever claim me for cheque but i am worried for my cheque because he is not to want to give my cheque what i do for this.

Dalip Singh (Advocate)     27 March 2015

Yes,  a complaint under section 138 NI act can also be filed against signature mismatch/signature differ.   So, don't wait and initiate proceedings immediately if validity of the cheque is not expired. If required, I will give the citation tomorrow.

Dalip Singh (Advocate)     27 March 2015

Yes,  a complaint under section 138 NI act can also be filed against signature mismatch/signature differ.   So, don't wait and initiate proceedings immediately if validity of the cheque is not expired. If required, I will give the citation tomorrow.

G.L.N. Prasad (Retired employee.)     27 March 2015

There is a prescribed procedure and demanding payment within a month under Sec.138.  One can obtain demand draft from the client and send it through advocate by Regd., post. with a request to return the cheque issued as demand draft is being sent in lieu of returned cheque payment.   Intentions are important.  Once the demand draft is encashed, the payment can be stopped with a request to drawee Bank.

When the client is prepared to pay, I do'nt think that Court takes the case of violation seriously, but intentions must be duly recorded as documentary evidence.

or else a PLC petition may also be filed enclosing that DD in Legal Services Authority.

devendra (Director)     27 March 2015

please under my question than reply me thank you

T. Kalaiselvan, Advocate (Advocate)     30 March 2015

You either seem to understand the replies given by experts here or you have posted the query in an understandable language.  You better consult your lawyer or a local lawyer and take his advise on this issue.

cyberlawyer (barrister)     31 March 2015

I agree with Mr.kalaiselvan's reply.

devendra (Director)     31 March 2015

ok but i just to tell u that plz understand my question..

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