CHEQUE BOUNCED- DRAWERS SIGN TO OPERATE ACCOUNT NOT RECEIVED

604 votes

Yes, you can file a case u/s 138 NI Act.

The Negotiable instrument Act only provides that the case can be filed under two circumstances, they are:
1. If the amount of money standing to the credit of the drawer's account is insufficient to homour the cheque.
2. The amount in cheque exceeds the amount arranged to be paid from that account by an agreement with the Bank.

However, Hon'ble Supreme Court in the case of M/s Laxmi Dyechem vs. State of Gujarat & Ors. has held that dishonour on the ground that "signatures do not match" or that the "image is not found", would constitute a dishonour within the meaning of Section 138 of Negotiable Instrument Act.

Hence, if the cheque is dishonoured because of insufficient funds or due to account has been closed or because the payment has been stopped or if signature do not match or even image not found, all the above reasons would make the drawer liable, hence, a case can be filed in the court of law for his/her prosecution.

Regards,

Vikramjeet
Advocate
Delhi High Court

Advocate Vikramjeet LawRato

996 votes

Sir your query is incomplete.May I know cheque issued is of which bank because nowadays because of merger of several banks such happens.second thing for signature mismatch you may file case under sec 138 however earlier it was also a criminal offence.For further legal help and proceedings you may contact me and there is no fee required for consultation.

Advocate Arpana Kumari LawRato

686 votes

Hello Client,
i have gone through your problem as per your question is concern is clear is about cheque bounce ,but there are some technical points which need to be be open in this matter ,
what is the amount
in what reference the cheques is been issued to you
is there any liability in discharge of which the said cheques are been issued to you.
these are some Of the technical points which i need to know then only i can advice the best way for the solution of your problem .
Thanks

Advocate Vishwanath Pratap Singh LawRato

783 votes

Dea client as per your query the ingredigents if sec 138 ni act does not make out. You an go fir cheating or suit for recovery because to fall your case under 138 ni act the cgeque you recieved shall be bounced due to he reason insufficiency of funds

Advocate Sanjeev LawRato

617 votes

In your case first and foremost, you must send a legal notice to the person who issued the cheque i.e. Drawer of cheque, within 30 days from receipt of information. Further after that a petition under section 138 NI Act will be filed. And yes the case will be maintainable.

Advocate Naman Gupta LawRato