Cases of dishonoured cheques under Section 138 of the Negotiable Instruments Act, 1881 are among the most common in Delhi’s courts. Many of them raise a question for a document examiner: is the signature on the cheque genuine, and was the cheque filled in or altered by someone else?
Where signature questions arise
- “Signature differs” — the bank returns the cheque because the signature does not match its records. Courts have held that such a return can still lead to a case under Section 138; whether it does depends on the facts.
- Denial of signature — the drawer says the signature on the cheque is not theirs.
- Blank signed cheques — the drawer admits the signature but says the name, amount or date were filled in by someone else.
- Alterations — the amount or the date is said to have been changed after the cheque was handed over.
What the examination covers
- Comparison of the signature with the drawer’s specimen signature held by the bank and with other cheques of the same period.
- Whether the body of the cheque — payee, amount in words and figures, date — is in the drawer’s handwriting or another person’s.
- Whether different inks or pens were used for different entries, and whether any entry was altered, overwritten or added.
- Indentations and the order in which entries were written.
A point of law to discuss with your advocate
The Supreme Court has held that where a person admits signing a cheque and handing it over, the presumption in favour of the holder may apply even if someone else filled in the other details. Showing that the body of the cheque is in another hand may therefore not, by itself, decide the case. Whether an examination helps — and which question to put to the expert — is a matter for your advocate.
Material needed
- The original cheque, usually on the court record — its examination may be sought with the Court’s permission. A copy can be assessed first.
- The bank’s record of the drawer’s specimen signature, obtainable from the bank or by the Court’s summons.
- Other cheques and documents signed by the drawer around the same date.
This article is general information, not legal advice. Please consult your advocate on your particular matter.