Adv Haresh A. Raichura : Even if signature on cheque and specimen signature in Bank are different, even then check dishonor offense of 138 made out.

M/s Laxmi Dychem V State of Gujarat 27.11.2012 JT 2012 (12) SC 65

Many smart people used to give post dated cheques with a different signature. Bank returns the cheque saying that signature does not tally with specimen signature given in Bank.

SC has now held that such cases are also punishable under 138 of Negotiable Instrument Act.

Earlier these cases were dealt with as cases of cheating under 420IPC.

Haresh Raichura
11/2/2013

February 11, 2013

Even if signature on cheque and specimen signature in Bank are different, even then check dishonor offense of 138 made out.