LawRato

If opposite party refuses that its not his signature on cheque


18-Oct-2023 (In Cheque Bounce Law)
I had given an amount through cheque(I don't want disclose figure) to a person who claimed that he will give me an intrest every month, I took a security cheque of same amount from him, after this, he had transferred intrest money 3 times in my account now he started delaying and stopped transferring money and started giving excuses, now what if I punch his cheque and if it bounces and after giving notice he refuses that its not his signature. I have call recoding for sufficient audio proof.
Answers (5)

Answer #1
717 votes
Don't worry about his saying it's not his signature, because once you present the cheque, the bank will verify if it is his signature or not and if the cheque is Dishonored for in sufficiency of funds then he cannot take the defense of it not being his signature. However you will have to prove the consideration for which he gave you the cheque.
Answer #2
533 votes
Defer signature will be come u/p of Negotiable Instrument Act, If person could not proof its genuine reason, evidence etc
Answer #3
727 votes
You can file the cheque bounce case against that person & recover your amount. .
Answer #4
708 votes
Hi
As per your query you did not enter into an any agreement is the opposite party denied about his signature then you continue to file the case and it is the matter of evidence., for further detail just contact us
Answer #5
847 votes
First of all you should present his cheque for clearing in your bank. If it returns then you will get a cheque return memo along with the bounced cheque. See the reason of cheque return on the memo. It doesn't matter what the accused say. U can also file an application during the trial for opinion of handwriting expert before the court

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."