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salila (student)     20 July 2014

Chq

sir

      one has got blank signed cheque,he converted in large sum.in filling cheque, he did some mistake and brought a case of forgery,cheating.for consideration in trial ,he told it is case of forgery in given chq -so no question of money given as there is genuine sign on chq,so it can be sent hand writing expert.it means ,i have no chance to defence.pl guide.thanks



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 July 2014

In general terms, if someone forges a signature on a cheque, the person whose signature was forged is not then bound to honour the cheque, and their bank does not have to pay it. A cheque with a forged signature is simply a worthless piece of paper – a "nullity".If a bank pays out on the basis of a forged signature on a cheque, it does so without its customer’s mandate and is generally required to make good any loss that the payment causes the customer. It does not matter how good the forgery is; a skilful forgery is no more valid than a crude one

salila (student)     21 July 2014

sir

    my problem is the cheque was blank signed given to 2nd .and 3rd person fraudulently obtained it.

so problem is not to signature but writing on cheque.the chq has writing of complainant, he has denied of charge of writing.

my question is whether in any case court allowed to compare handwriting on chq,while complainant denies that he had no authority to fill the chq .thus who forged the chq would be guided by handwriting expert. so pl quote any such ruling .thanks

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 July 2014

the accused can not take defense that she/he only signed and remaining detail was filled by the complainant or other person........

salila (student)     21 July 2014

perhaps, it is not correct. in trial , accused has right to defence the case


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