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v.lakshminarayanan (prop)     23 September 2012

How to prove signature of accused?

dear members

in a cheque bounce case under sec 138 NI act, the accused said in his cross examination that he does not know the complainant and that the signature in the cheque is not his. he denies all knowledge about the cheque itself, which he claims was stolen earlier itself. but he has not produced any evidence for the loss of cheque. he has not even replied to the pre complaint notice. 

my question is this: is it advisable to apply to the court to have the signatures compared (he admitted the signature in some other documents) or is it better to summon the bank to compare the signatures? (because the bank will have the specimen signature card). of course, the cheque has been returned for insufficiency of funds and for no other reason.

please advise as early as possible - it is URGENT.

yours

v.lakshminarayanan

palani



Learning

 6 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     24 September 2012

Learned experts to through light on it since most important for cheque cases.

We are on the other side, we claim the signatures are not of the accused and insist for forensic examonation which the omplainant resists and court normally dismiss such applications.

Om Prakash Dhusia (HR assistant)     24 September 2012

The signature can only be authenticated by the Hand writing Expert but that needs court order and the opposite party had many tactics to to not to give his speciman signature. The banks normally do not help the victim except issuing the slip that the cheque has been bounced on the following reasons and if it says that the signature differs then it is not the evidence that the signature belongs to issuer.

regards

Ajit Singh Cheema (practising Advocate)     24 September 2012

The bank officer dailly passing hundred of cheques should be called as expert witness. The signatures may be compared with the specimen on record. The signature can also be compared with signature on cheques already paid.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     25 September 2012

Bank officer is not a handwritting expert and he / she can be contradicted very easily in cross.

Om Prakash Dhusia (HR assistant)     25 September 2012

Gentlemen we always forget that this is a complex world and the courts in India are so letahrgic that I apprehend that our democracy would collapse one day and India would become Banana Republic. If the court is reluctant to help the victim, I do not mean that the cheque issuer may not be victim but once he had issued the cheque then the prime facie it is his responsibility to deny the accusation because it is not purely a criminal case but partly criminal and the court should first help the receiver of the cheque but what to do when the courts are not there to abide by their responsibilities. But as some gentleman had supported that Bank Manager is not an Hand writing expert hence my suggestion that let the court allow to get it autheticated by the hand writing expert.

Wish democracy prosper in India.

Regards

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     29 September 2012

 

SIGNATURE AND OTHER DETAILS ON BOUNCED CHEQUES.

1)     Most of the times cheques are given blank the complainant fills in details and filed case u/s 138.

 

2)     The accused has right to get the forensic examination of such cheques.

 

3)     But most of time when application is given immediately the lower court rejects in on the argument of being  premature.

 

4)     After cross of the complainant most of the times due to lack of experience of the legal counsel proper admission is not brought on the record.

 

So even at this stage the application for forensic examination of the writing on the cheque is refused.

 

5)     With all other defence opportunities this is  the most important defence for the accused of cheque bounce cases.

 

There are simple step by step procedure to achieve this objective.

 

6)     Once the writing on the complaint cheque is not of the accused is proved the whole case will automatically collapse.

 

7)     So those persons who are facing cases for high value cheque bounce  may please contact at our email ID  with complete details of the case for proper course of action.

 


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