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SANJEEV AGGARWAL   27 May 2016

Cheque of numerical 1 lac converted to 4 lac

My customer issued a cheque to me for Rs.100000 but i had to take Rs.400000 from him. He converted numeric 100000 to 400000 by adding L stroke in front of me and gave me cheque not writing amount in words. I wrote amount in words in front of him i.e Rs. Four lacs only was written by me on that cheque. After some days when i presented the cheque, it was dishonoured due to insufficient funds. As our relations soured, i filed a case u/s 138. No reply was received. But after some time the customer filed a FIR with the police alleging alteration in cheque form umeric 1 to 4 and in words too replacing one by four in front of him. He also produced a cash voucher which had forged signature of me as receiptant of cash amount of one lac.  The cheque was sent to FSL which gave the report that numeric 1 was altered to 4 but there was no alteration in amount in words. However the FSL report of voucher suggested that my signature on cash voucher might be same as my admitted signatures.  Now despite this the judge wants to frame charges against me U/S 420,467,471. My only fault is that i had written amount in words on cheque. Now kindly advise can the judge frame charges despite it being established that there is no alteration in amount in words. My lawyer says the most he should frame u/s 420. Can a compainant tell lies and defendant suffer due to him. Further can one pay one lace in cash although as per IT ACT & the INDIAN STAMP ACT it is not allowed. The receipt voucher has no revenue stamp too. What is the law regarding issue of cheques.



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 1 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     27 May 2016

1) stamp duty and IT voilations may result in fine but it does not make the transection illegal.

 

2) How it is that your signature on cash reciept matches, it is against you.

 

3) howeve if you are able to prove liability of cheque amount than cheque case under NI 138  can be won..against your opponent which will be quick and will put pressure on his case.

 

4) In normal criminal cases if the story is properly framed than process is issued and charges are framed.

 

But it does not mean case is proved. The other side has to prove the case beyond doubt so alteration in cheque will be very minor issue in ultimate trial.

 

An expert advocate can deflect the credibility of the complaint by expert and systamatic cross.


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