Complaint u/s 138 of NI Act can not be quashed even if there is mismatch of signature of accused
If the drawer intentionally tampers the cheque or issues the cheque with difference in signature etc., the cheques will be definitely returned. Even after service of statutory notice, if the amounts involved in the cheque are not paid by the drawer of the cheque, then his intentions are prima facie clear, to the effect that he would be tampering with the cheques only with an oblique motive. If, in such case, the person in whose favour the cheques are issued is not allowed to prosecute the matter under Section 138 of the Negotiable Instruments Act, the very purpose of enacting Section 138 of the N. I. Act would be frustrated. The drawer of the cheque will have to take abundant precaution while issuing the cheques so that the cheques should be honoured and contractual obligations are fulfilled. In case, if the drawer issues cheques as in the case on hand, he will be doing so in circuitous manner in order to save his skin, only to take advantage of the absence of specific words under Section 138 of the Negotiable Instruments Act.
Karnataka High Court
Dinesh Harakchand Sankla vs Kurlon Ltd. And Ors. on 27 September, 2005
Equivalent citations: IV (2006) BC 91, 2006 134 CompCas 295 Kar
