We’ve all seen it in movies and TV serials that a person stares at a document and
declares, “That’s not my signature!” and suddenly the case vanishes. But in the real
world of Indian law, specifically under the Negotiable Instruments (NI) Act, is it really
that simple?
At Cheque Bounce Advisor, we go through this question daily. Let’s pull back the
curtain on whether “Denial of Signatures” is a golden ticket or a legal trap.
What Does “Denial of Signatures” Actually Mean?
In a cheque bounce case, the accused may claim he never signed the cheque, implying
it was forged or tampered with. However, the law doesn’t just take your word for it.
The Legal Hurdles: Sections 118 & 139
The NI Act is designed to protect the person holding the cheque. Under Sections 118
and 139, the court presumes that the cheque was issued for a valid debt or liability. If
your name is written on it, the law assumes you owe the money.
Is a simple denial enough? Absolutely not. You cannot just say “not me” and walk
away.
The Burden of Proof: Your Move
The “Burden of Proof” sits squarely on the accused. You must prove a “Preponderance
of Probabilities”—essentially showing the court that your version is more likely to be
true than the complainant’s.
When Does Denial Actually Work?
Denying a signature is effective only in specific cases like:
• Forged or Stolen Cheques: If you can prove the cheque was lost or stolen and
your signature was expertly faked.
• Misuse of Signed Blank Cheques: If you gave a blank signed cheque for
security purposes and it was filled with an imaginary, unauthorized amount.
The Science of Truth: Handwriting Experts
This is where Section 45 of the Evidence Act comes in. If you dispute the signature, the
court may involve a Handwriting Expert. They compare the disputed cheque with your
admitted signatures (like those on your bank records). If the strokes and pressure don’t
match, your defense sustains with force.
Proactive Steps: Don’t Wait for the Court
If you suspect forgery, you must act fast:
1. Bank Intimation: Immediately notify your bank to “Stop Payment” due to
lost/stolen status.
2. File an FIR: A police report is crucial evidence that you weren’t just making up
an excuse after the cheque bounced.
Why Expert Advice Matters
In the high-stake arena of cheque bounce cases, time is your most precious asset
and a single misstep can be costly. Being India’s fastest-growing online service
provider platform isn’t just a badge of honor; it is our commitment to excellence.
At Cheque Bounce Advisor, we don’t believe in one-size-fits-all solutions. We
engineer precision-led, tailor-made legal strategies that empower individuals and
corporate giants alike to navigate the stormiest legal waters with absolute
confidence and speed.
DON’T LET A SIGNATURE DEFINE YOUR FUTURE WITHOUT A FIGHT.
Contact now for FREE Consultation (Limited Time Offer 24 x 7) at CBA Helpline No.989-11-88-400
FAQs
HOW MANY TIMES CHEQUE CAN BOUNCE?
Legally, even a single bounce is enough to file a cheque bounce case under Section 138 of the Negotiable Instruments Act, provided all legal conditions are fulfilled (cheque issued for a legally enforceable debt, presented within validity, legal notice sent in time, and case filed within the limitation period).
We have explained this in detail here: How many times cheque can bounce before filing a case.
WITHIN HOW MANY DAYS MUST A CHEQUE BOUNCE CASE BE FILED IN COURT AFTER THE CHEQUE IS DISHONOURED?
Legally, you cannot go straight to court the moment a cheque is dishonoured. First, you must send a legal demand notice within 30 days from the date you receive the bank’s cheque return memo. The drawer then gets 15 days from receipt of that notice to make the payment. If he still does not pay, your cause of action starts on the 16th day, and from the end of that 15‑day period you generally have 30 days to file a cheque bounce complaint before the Magistrate. In practice, this means the time limit to file a cheque bounce case in court is usually around 75 days from the date of dishonour, subject to the court’s power to condone delay in some cases.
For a detailed step‑by‑step explanation, see our guide on the
time limit to file a cheque bounce case in court.
WHAT IS THE LEGAL PROCESS AND PUNISHMENT UNDER SECTION 138 CHEQUE BOUNCE?
Under Section 138 of the Negotiable Instruments Act, a cheque bounce becomes an offence only if certain legal steps are followed. First, the cheque must be presented within its validity period. If it is dishonoured, the payee has 30 days from receiving the bank’s return memo to send a written legal demand notice to the drawer. The drawer then gets 15 days from receipt of that notice to make the payment. If he still does not pay, the payee has 30 days from the end of that 15‑day period to file a criminal complaint before the Magistrate. On conviction, the court may impose imprisonment up to two years, or fine up to twice the amount of the cheque, or both, along with compensation to the complainant.
For a full explanation of each step, you can read our detailed guide on
Section 138 cheque bounce legal process and punishment.
