Dear sir, I need your suggestions this matter. In 2019, February my father gave an amount of 400000 to a person. He executed a promissory note. After that in January 2020 my father asked him to repay the money with interest. He said present he does not have money for that he will give a cheque(empty),and you submit in april2020 in bank by writing amount along with interest. In march when I came for holidays I cross checked the signatures on the pronote and cheque,both are different.My father called him and asked about the difference of signatures,he said that in the bank I have the same signature (which was on the cheque). For that my father asked him to write the same matter in a white paper with signature and kept the paper,pronote & cheque. Now my doubt is what are our rights if the cheque is bounced(with signature difference).what are the chances of recovering our money from him.(we did not send the cheque for clearance till now).
Cheque is a Negotiable instrument valid for only 3 months from date bearing on it. You can prevent the same cheque within 3 months and if it dishonours due to Insuffickncy of funds or signature mismatch etc also nothing to worry. As per NI Act even signature mismatch on cheque also attracts cheque bounce case wherein statutory demand notice shod be served on the person who has given such cheque within 30 days. If he doesn't fail despite statutory legal notice; then the remedy is to file cheque dishonour case (criminal in nature). Simultaneously cheating case may also be filed.
1. IF Loan was given by a Licensed Money Lender, ONLY then the amount is recoverable via a Cheque Bounce case, ELSE no.
2. Signature Difference on Pronote & Cheque is of no importance, IF Bank confirms Cheque signature on its record. IF Cheque bounces for ANY reason, THEN cheque bounce case can be filed, by following due procedures of law.
Dear Omprakash sir, 1.The cheque not yet filled and presented(he gave a blank cheque with signature only).when I cross check the signature on pronote & cheque I found there is a difference. 2.My father is a farmer & illetarate.he does not now about the law.most of the transactions in villages are in cash form only. Any how we cannot change the past. I will explain him. But give me suggestions in this issue what are our chances to recover money.