LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajinder S Saukhla   09 April 2024

Dishonoured check with wrong surname

the dishonoured check has a mismatch in my name surname as shukla instead of saukhla. will it stand in section 138 case. the other name is correct.


 8 Replies

T. Kalaiselvan, Advocate (Advocate)     09 April 2024

Name mismatch is also an intention of the drawer to not to honor the cheque hence a cheque bounce case under section  138 NI act is maintainable 

Rajinder S Saukhla   09 April 2024

thanks a lot sir for taking time out to rply. Do u have any judgement w r t this point or where can i check for the legality of the point  (maybe in Section 138 or somewhere/ ) Thanks again.

T. Kalaiselvan, Advocate (Advocate)     09 April 2024

TYhere are plenty of judgments in this regard.

You can search for one either by yourself through internet or can approach your advocate, but please bear in mind that the judgments are not required at this stage, you may first initiate the proceedings  now.

Dr. J C Vashista (Advocate )     10 April 2024

What is your locus standi (whether you are complainant or accused) in the complaint case u/s 138 of NI Act, 1881 ?

If complainant it is maintainable, otherwise let the complainant prove that the accused is same person. 

Rajinder S Saukhla   10 April 2024

I am.the complainant. I have put the check for payment and has been dishonoured. Payee name has a surname mismatch. Other name is ok and ny bank account number is also right on the check. Thanks for all. 

T. Kalaiselvan, Advocate (Advocate)     12 April 2024

If the names of both the drawer and drawee is incorrect then the bank will certainly return the cheque without honoring it, however no cheque bounce case under section 138 NI Act can be maintainable in this regard. 

Rajinder S Saukhla   12 April 2024

No tje drawer name is ok  and my name is ok except my surname and my account number on the check is ok.  

Sudhir Kumar, Advocate (Advocate)     14 April 2024

If the cheque does not bear orrect surname f you then you are not the  valid holder of cheque.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register