2020 (1) TMI 228 - HC - Indian Laws

Signature mismatch no bar for Section 138 complaints. Burden of proof on accused.

The High Court of Madhya Pradesh held that complaints under Section 138 of the Negotiable Instruments Act are maintainable even if cheques are dishonored ... Dishonor of Cheque - sole ground for dismissal of the complaints is that the disputed cheques were dishonoured by the bank on the ground that Signature do not match specimen - section 138 of NI Act - whether in case of dishonour of cheque on the ground that 'signature does match with specimen' 'signature incomplete' 'signature differ' etc., complaint under Section 138 NI Act, 1881 is maintainable? HELD THAT:- It is clear that if a cheque is dishonoured by the reason of 'alteration in drawer's signature', 'signature does not match specimen' or 'signature incomplete' etc. the Court has to presume, by virtue of Section 139 of the Act, 1881 that the cheque is received by the holder for the discharge, in whole or in part, of any debt or liability. Though it is a rebuttable presumption, but burden of proving so would be on the accused. The Court cannot quash the complaint on this ground. Both the petitions are hereby allowed. Issues Involved:1. Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 is maintainable in cases where cheques are dishonoured due to signature mismatch or incomplete signatures.Issue-wise Detailed Analysis:1. Maintainability of Complaint under Section 138 NI Act for Signature Mismatch:The petitioners were aggrieved by the dismissal of their complaints under Section 138 of the Negotiable Instruments Act, 1881, due to cheques being dishonoured on the ground that 'Signature do not match specimen.' Both the Trial Court and the Additional Sessions Judge upheld this dismissal. The core issue was whether dishonour of a cheque on the grounds of 'signature mismatch' or 'signature incomplete' constitutes an offence under Section 138 NI Act.2. Judicial Precedents and Interpretation:The lower courts relied on the Supreme Court's judgment in Vinod Tanna vs. Zaher Siddiqui, which was later distinguished in Laxmi Dyechem vs. State of Gujarat. The Supreme Court in Laxmi Dyechem emphasized the object, purpose, and scope of Chapter XVII of the NI Act, which was introduced to inculcate faith in banking operations and give credibility to negotiable instruments. The Court noted that Section 138, while making dishonour of a cheque an offence, also provides safeguards for drawers where dishonour may occur for reasons other than dishonest intentions.3. Broader Interpretation of Section 138:The Supreme Court in NEPC Micon Ltd. vs. Magma Leasing Ltd. and subsequent cases, including Modi Cements Ltd. vs. Kuchil Kumar Nandi and Goaplast (P) Ltd. vs. Chico Ursula D’souza, held that dishonour of a cheque for reasons such as 'account closed' or 'stop payment' falls under the scope of Section 138. The Court in Laxmi Dyechem extended this interpretation to include dishonour due to 'signature mismatch' or 'signature incomplete,' treating these as species of the genus 'insufficient funds.'4. Presumption and Burden of Proof:Section 139 of the NI Act raises a statutory presumption that a cheque is issued for the discharge of a debt or liability. This presumption is rebuttable, but the burden of proof lies on the accused. The Court cannot quash a complaint solely on the ground of signature mismatch.5. Conclusion and Directions:The High Court of Madhya Pradesh followed the Supreme Court's interpretation in Laxmi Dyechem and held that complaints under Section 138 are maintainable even if the cheque is dishonoured due to signature mismatch. Consequently, the petitions were allowed, and the orders of the lower courts were quashed. The trial court was directed to proceed with the complaints in accordance with the law.Final Order:Both petitions were allowed, the orders of the lower courts were quashed, and the trial court was directed to proceed further with the complaints in accordance with the law. The petitions were disposed of accordingly.