When signatures of drawer on cheque do not tally:

If signatures on a cheque or at least one of the joint signatures to a cheque are not or is not genuine, there is no mandate on the bank to pay and the question of any negligence on the part of customer, such as leaving cheque-book carelessly so that a third-party could easily get hold of it, wold afford no defence to the bank. If the cheque was dishonoured with the remarks  ‘refer to drawer’ and ‘signatures do not tally’, A case under Section 138 is made out. The question as to whether the signature of drawer did or did not tally still remain a question of fact to be decided at the trial. If the cheque is only dishonoured on the ground that ‘Signatures do not tally’ and there are sufficient funds in the drawer’s account, section 138 may not be attracted,  provided the drawer has not intentionally committed mischief by putting signature on the cheque which may not tally with his specimen signature kept with the bank. It is so because one commits an offence  if he issues a cheque dishonestly. Similar intention could be attributed to a drawer, who in spite of being aware through a demand notice sent by complainant that the cheque has been Dishonored by the bank because of discrepancy in the signature of the drawer, remains silent.