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Yatish Patel (Lawyer)     04 January 2013

Ni act 138 applicable?

A person honoured postdated cheque with his signature but the cheque was of his son's account and before the honor date the account was closed by the person. He has signed the promisory note. Now he denies that he has signed the cheque and the account is not maintained by him and all this information came through cross verification. 

What legal action can be taken in NI act 138?

And also what are the judgements?

What should be done to defend complaint under NI act 138? 

Thanks in advance


 4 Replies

PRASAD AKS (PARTNER)     04 January 2013

As a begger  or  victim  stand before the  court.   The beneficiary sits  happiely in the court.   The promisery note  useful as tounge cleaner.  Here  promise  filed  so there is no use of promisery note.   If you want fight in court,  bear  some more

money towards  travelling, advocate fees, type papers, other expenses becomes equalient to the debt amount.   Remember.  Even  you win the case in this court  there is another  appeal  court to the loser.  So you again bear

expenses and finally  the looser  can appeal  in SUPREMECOURT,  NEWDELHI.   There you  have to pay advocate

fees  as  per minutes discussed.   So you better by arranging mediators to settle  the amount and salute to him.

If you have more money nowonwards satisfy with bank interest by depositing the same.  You are giving loan to 

anybody  you are inviting  enemy  into  your  life.


madhu mittal (director)     05 January 2013

Respected sir,

If you are 100% sure that cheque is signed by that fellow or if cheque is signed by that fellow in front of you, make an application before the said court for altering/adding charge u/s 420 IPC. You may also lodge FIR with police u/s 420 IPC accordingly the recent supreme court judgement named Sangeetaben Mahendrabhai Patel vs. State of Gujarat and Anr. (23.04.2012 - SC)

R Trivedi (     12 January 2013

Quite interesting ways of drawer !! Signing on someone else cheque, atleast S.138 is not applicable but surely IPC 420 can come to the rescue of holder.

SANTOSHSINGH. (ADVOCATE     12 January 2013

Mr Prasad has really given the real life experience but most of the cheque bounce cases are by illegal money lenders or agreesive NBFCS who take into account all these hurdels.

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