Legal Question in Legal Malpractice in India

Filing a case against the peron who issued a Checque with signature missmatch

Sir,

I am working as a software Engineer in a MNC, Trivandrum.

A person has to pay around Rs.200000 for me. He had issued a cheque to me. I had put this cheque for collection and it got bounced because of signature mismatch. That perons purposefully issued a cheque with wrong signature. Till now he had issued two cheques and both got bounced because of signature mismatch (In the first cheque signature was in Tamil and in the current one it is in English).

Kindly provide your valuable suggestion for the below questions.

1. If I file a case against this crime will it be successful?

2. Have you ever come across this kind of cases and what is the result?

3. And additionally what are the tactics that we i can follow to win the case?

4. Once the cheque got bounced, within how many days we need to file the case?

Thanks,

Vijay.


Asked on 5/01/07, 12:42 am

1 Answer from Attorneys
G. M. Gupta gmguptaandassociates

Re: Filing a case against the peron who issued a Checque with signature missmatch

its better u call for detailed discussion

however on getting the return memo you have to send the notice within 30 days. it should give 15 days time for payment and then after these 15 days of receipt of notice you can file the case within 1 month.

file the case under section 138 NIA and 420 IPC.

i would suggest you not to try to be a advocate and consult a lawyer directly and you will benefit.

we can not provide exact reply without looking the papers and reply only general queries.

call for better discussion

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Answered on 5/01/07, 1:56 pm


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