Cheque dishonoured due to signature being different from the ...

Cheque dishonour case dismissed as signature not petitioner's; no liability u/s 138.

Case Laws Indian Laws

November 7, 2024

Cheque dishonoured due to signature being different from the petitioner, implying Bhagawat Daulat Gawali had no authority to sign on behalf of the petitioner-accused or his proprietorship firm. Cheque does not bear petitioner-accused's signature, so cannot be held liable for issuance or dishonour u/s 138 of NI Act, 1881. Respondent's assertion that Gawali issued cheque on behalf of petitioner-accused to discharge liability is untenable u/s 138, which is specific and applicable only to drawer and drawee. No third party can be summoned u/s 138. Petitioner-accused, not being signatory, cannot be summoned in complaint case filed by respondent u/s 138. Summoning order dated 01.02.2021 is illegal and set aside.

View Source

← Previous Next →

Cheque dishonoured due to signature being different from the ...

Cheque dishonour case dismissed as signature not petitioner's; no liability u/s 138.

Case Laws Indian Laws

November 7, 2024

You may also like:

Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

Dishonor of Cheque - funds insufficient - difference in drawer’s signature - Apex Court has held that, criminal prosecution against the accused in such cases should be...

Dishonor of cheque case - Issuance of summons - Cheque furnished as security covered u/s 138 of NI Act or not? - Scope and limited jurisdiction of High Court u/s 482...

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...

Dishonor of Cheque - insufficiency of funds - misuse of blank signed cheques by power agent - In the absence of the Principal appearing before this Court to substantiate...

The case involved a dispute regarding the dishonour of cheques, with the key issue being whether the Respondent had a legal obligation to pay back the money under the...

Dishonor of cheque due to account freeze falls within the purview of Section 138 of the Negotiable Instruments Act. The test is whether the account had insufficient...

The High Court considered whether dishonored cheques were given for a legally enforceable debt. The appellant failed to prove the existence of a default by the...

Dishonor of Cheque - section 138 of NI Act - territorial jurisdiction - dishonour of cheque had occurred outside the territory of India - since the cheque in question...

This case pertains to the dishonor of cheques and the challenge to cognizance and summoning orders. The key points are: The cheques were signed and issued by respondent...

Dishonor of cheque due to insufficient funds - failure to rebut presumption u/s 139 of Negotiable Instruments Act. Court must presume cheque issued in discharge of legal...

Dishonor of Cheque - In this case, the cheques were postdated to 10.12.2017. They became payable only from the dates endorsed therein. Even though the dates of...

The Kerala High Court dealt with a case involving dishonor of cheques u/s 138 of the Negotiable Instruments Act. The court considered joint trial of cases, material...

In a case concerning dishonor of cheques u/s 138 of the Negotiable Instruments Act, the Court upheld the conviction and sentence. The accused admitted issuing cheques...

Dishonour of Cheque - Seeking setting aside of summoning order - vicarious liability on partner of a firm - The name of the petitioner is conspicuously not mentioned as...

Quick Updates: