• Party given fraud cheque

Dear sir
I am bhavesh from Ankleshwar Gujarat
I have deal chemical in Indore
As per telephonic discuss and mail rate confirm and after send po and cheque copy by courier
After receiving material cheque of party return and not answering by telephone 
I will go at Indore and given another cheque by party
But it is also returned due to signature differ
What can I do?
Asked 4 years ago in Business Law

3 answers received in 10 minutes.

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12 Answers

Section 138 is applicable on returns due to insufficient fund.

Signatures difference should be tested as fraud and case under section 420 and 406 of IPC may be laudged in the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You can send a notice to the party regarding the said cheque to the party to pay the cheque amount within 15 days from recipt of notice if he doesnot pay then a case under 138 NI Act can be filed against the party.

A person may face criminal proceedings if a cheque issued by him gets dishonoured on the ground that his signature does not match the specimen signature available with the bank this is the recent judgement of supreme Court.

Just as dishonour of a cheque on the ground that the account has been closed is a dishonour falling in the first contingency referred to in Section 138 of Negotiable Instrument Act, so also dishonour on the ground that the ’signatures do not match’ or that the ‘image is not found’, which too implies that the specimen signatures do not match the signatures on the cheque would constitute a dishonour within the meaning of Section 138 of the Act,”

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File complaint under section 138 NI on account of dishonour of cheque if inspite of legal notice accused fails to make payment

2) contact a local lawyer

3) also file summary suit to recover your money with interest

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Hi Bhavesh,

It will be great help if you will provide date wise transaction details and who said what , whether any agreement took place or not.

And who said what which type of sale agreements took place what was quality and quantity of products, date of purchase, total cost. Advanced paid. Party denying to provide products and cheque bounce or stop, who is not answering phone calls, are you have received materials etc.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Immediate serve a demand notice on the opposite party and seek release of your entire payment.

If the demand notice is not paid any heed, involve a local lawyer and file a case of cheque bouncing.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

The demand notice has to be sent by you within 30 days of receipt of information from your banker regarding return of the cheque as paid.

Seek help of a local lawyer in this matter.

Act swiftly otherwise you will be barred by limitation to file a cheque bounce case.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

Hi,

You are required to send a legal demand notice immediately asking to return the amount and if the same is not returned, you may file the case for recovery.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

You can file a cheque bounce case agaisnt the dealer after issuing him a legal demand notice demanding payment against the bounced cheque.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

What I can do for this party? In case matter what happen?

You have to initiate legal action through court of law for cheque bounce offence and also you may file a money recovery suit on the same issue.

You have an option to even lodge a criminal complaint against the dealer in the local police station for the cheating offence.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

File cheque bounce case.

Issue notice within one month of bounce ( Mandatory )

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

If the cheque was issued and the same has not been honored due to signature mismatch then you can institute a case of dishonor of cheque under section 138 of the NI Act

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Contact a local lawyer at the earliest.

Send a legal notice and then file the case.

the court will call the person and will order him to pay your dues.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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