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Vasant Kumar (Lawyer)     03 April 2016

Signature mismatch

Please help me.

I issued a totally blank cheque to the other party as security for a loan of Rs. 20,000/- as i was in dire need of money but, the other party made it 1,20,000/- and got it bounced. I am an illiterate and always used to sing in hindi language. Even in account opening form I have signed it in hindi language. The other party being ignorant of this fact signed it in English language and presented it with bank and got it bounced. The reason for dishonour of the cheque is due to signature mismatch. But unfortunately I didn't had sufficient balance too inorder to honour the cheque at the time of its presentation in the bank which fact is proved in court too. But interestingly the reason for dishonour is Signature Mismatch and not Funds Insufficient. Can i held be liable or is there any remedy available for me. I had given my cheque to FSL for determination of signature in the cheque. Please help.



Learning

 4 Replies

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     03 April 2016

sir,

kindly note that.

1.if case is already filed in court, you have to appear before court and apply for bail .as it is bailable offence court will allow bail but you have to furnish your surety documents also with surety present in person in court .

2. You may also file a discharge application on various grounds mentioning that even signature name date and amount on cheque is not written by accused by blank cheques forcefuly collected and fraudulently signed by complainant by forging signature.As there is no legaly enforceable debt and even you may examine your bank manager to prove the signature mismatch and on other grounds.

3. You may also submit an application for calling handwriting experts openion regarding said cheque and signature on said cheque. 

you may defend the case strongly you will succeed. Good luck.

N.B.SAWANT, M.COM.LL.B.,ADVOCATE HIGH COURT

 

laxmi kant joshi (instructor)     03 April 2016

you didn't mention whether the other party had filed the case under ni act in the court against you or not, if yes then visit the court on your hearing date, move an discharge application narrating each and every thing on it how opposite party play the fraud with you, request the court for its fsl investigation especially from writing expert, and also asked the court to give direction to the police to registered the forgery and cheating case and do start investigation on it .

Vasant Kumar (Lawyer)     03 April 2016

Sir,

The case was filed in Delhi and is in DE stage. As mentioned earlier I moved an application for FSL which was allowed by the Hon'ble court. I admitted taking of loan in court for Rs. 20,000/- and was paying interest too before the Hon'ble court. But when the other party filed a false case against me I stopped making the payments. 

My question is:

1) I admitted taking loan

2) There was no fund in my account at the time of presentation of cheque (which was not deliberate)

Can i be exonerated or held liable for the offence which I have not committed?

How can I prove my innocence?

Please suggest.

Prasun Chandra Das (Banker)     19 April 2016

I assume case is going on u/s 138. Pls note:

 

1) The onus of proving that bounced chq was issued against a legal liability lies with the Compainant. 

2) "Security chq" is not covered u/s 138. You may refer:

a)  Anand Urban Cooperative Credit Society V/s. Vipin Lalchand Mehta & Anr., 2008 (2) Bom.C.R. (Cri.) 65 : 2008 ALL M.R. (Cri) 2266.
b) Goa Handicrafts, Rural & Small Scale Industries Development Corporation Ltd., V/s. Samudra Ropes Pvt. Ltd. & Anr., 2005 ALL MR (Cri) 2643 : 2006 (1) Bom.C.R. (Cri) 157.
c) Hanumant R. Naik V/s. Ajit Harmalkar, 2008 (1) Bom.C.R. (Cri) 432 : 2008 ALL MR (Cri) 486.
d) M.S. Narayana Menon Alias Mani V/s. State of Kerala and Anr., (2006) 6 S.C.C.39. 
e) Karekar Finance Pvt. Ltd., V/s. Shri M.N. Bashyam & Anr., 2007 ALL MR (Cri) 3073 : 2008 (3) B.C. 98.
f) Jayantilal Parmar V/s. Vaishali Farne (2007) 2 Bom.C.R. (Cri) 403.
g) Om Shri Finance & Investment Corporation V/s. Mohemmed Sheikh (2007) 11 LJSOFT (URC) 24.
h) Criminal Application No.898/2009 in the case of Ramkrishna Urban Co-operative Credit Society Ltd. v/s Shri. Rajendra Bhagchand Warma, by The Hon’ble High Court of Bombay at its bench at Aurangabad.

 

I think it will be easy for you to prove that this case shall not attract sec 138. I also think that the other party has done a fraud by trying to forge your signature on the chq, and you may well file a case against hi. Pls be guided by your Lawyer.

 


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