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nauman pathan   07 December 2018

nego 138

If accused given blank cheque with false signature than it is Maintainable in negotiable instruments act 138


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 2 Replies

Siddharth Srivastava (Advocate)     07 December 2018

yes it is maintainable.
1 Like

R Trivedi (advocate.dma@gmail.com)     08 December 2018

No, on the face of it, it is not maintainable. The admission of signature is the proof of execution of cheque by the drawer, if he denies the signature, then complainant has to show some evidence about receipt of the cheque and then it becomes IPC S.420 too. On the other hand if drawer is able to establish that signature is not his and fraudulently made by the complainant, then complainant is doomed.

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