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Cheque bounce for mismatch signature – Inter state
Question
Someone owes me 3 lac rupees and gave me a cheque against it. The cheque bounced due to mismatched signature. The cheque was issued from Jaipur whereas I reside in Hyderabad. I sent a legal notice both to office and home address. They did not answer my legal notice at office, but notice was collected at home address. I would like to know if I can opt for filing FIR with police locally before I file a case, or do I need to file a case first and then take it to the police?? Also can I get an arrest warrant against the cheque issuer in this case? What are my rights in such matters where it is inter state cheque bounce issue?
Answer ( 1 )
After the demand notice has been sent, you are required to file a cheque bounce case in the appropriate Court. Since you have presented the cheque in hyderabad, the case will be filed in hyderabad. further, you are advised to approach the court first and since the accused is a resident outside the territorial jurisdiction of hyderabad, the court would direct the police to conduct an investigation into the allegation and on submission of the report, the issuance of process will take place. if after receiving the summons from the court, the accused does not make himself available before the court, Non bailable warrants will be issued against him and the police will be directed to execute the same before the next date of hearing.
Meanwhile in the alternative, if you are of the view that the dishonest intention was present from the very beginning then you can also get an FIR filed against him under section 420