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Indian Laws - Highlights / Catch Notes

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Dishonor of cheque - mismatch of signatures or incomplete ...


Supreme Court: Criminal prosecution valid for dishonored cheques due to signature issues u/s 138 of Negotiable Instruments Act.

January 1, 2022

Case Laws     Indian Laws     HC

Dishonor of cheque - mismatch of signatures or incomplete signatures - The Supreme Court in a case has came to the conclusion that criminal prosecution against the accused in such cases should be allowed to proceed and the judgment and orders passed by the High Court quashing the criminal proceedings were set aside. - Therefore, the contention of the petitioners that in the instant case offence under Section 138 of the NI Act is not constituted because the cheques were dishonoured on account of incomplete signatures and not for the reason of insufficiency of funds or exceeding the arrangement, deserves to be rejected. - HC

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