Altration of pro note
srinivas
(Querist) 19 April 2013
This query is : Resolved
sir,i have given a pro note to a person and i wrote 100000/on tope of the pro note i singned bottom,remain idid not complete. after words that person changed the figures of 100000 to 160000.the changing of first zero in one lakh easily we can identify with naked eye.and he filled the pro note in words one lakh sixty thousand only.now he filed a case against me.i request the honourble judge to send the document to forensic expert on my expencess.now i want know if any corection on the pro note the authorised person singnature{near correction area} is requried or not.plese tell me what i have to do now.
Raj Kumar Makkad
(Expert) 19 April 2013
Signature over cutting is required but not on change as is your case.
H.M.Patnaik
(Expert) 20 April 2013
Verification by the hand writing expert is the only option left to prove your point.
Devajyoti Barman
(Expert) 20 April 2013
Apply for hand writing expert to detect the signature and tapering if any on the figure.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 April 2013
Many people and specially lot of misconceptions about hand writing and alleged changes there in.
Try to understand from few simple examples, because it is lousy defense and more accurately it is suicidal defense.
1) You give an application in court, it is written by advocate or clerk or even typed. It is signed by you. Now can you claim the whole application is not written by you.
2) In above case you say the document was for one lac and it is made 1.6 lacs. So you have admitted one lacks and also execution of the document.
Which otherwise the complainant had to prove and it was not easy task.
3) Coming to the handwriting expert report.Suppose for arguments sake application is allowed and report comes that there is difference in writing still it does not help the accused.
3) Since as in above example of application the accused has to prove by cogent evidence that change and or alteration were without his consent.
There is no law that writing on a document can not be by different persons.Once the accused has admitted his signature the defense that writing in the body is altered has no value., unless he is able to give independent evidence.
4) I have seen in many many court cases that accused and their advocates take such plea and fail to get any advantage from it.On the other hand it is suicidal .
5) If this plea of alteration is excepted to be legal than all documents, all applications, all agreements will be illegal. That is why it can not be accepted.
6) And since I am advocate of defense and I have conviction that any case of promissory note or cheque bounce can be won but with the help of well planned strategies by exploiting various mistakes which complainant and their advocates normally do in over confidence.
ajay sethi
(Expert) 20 April 2013
if he has filed summary suit against you have to you taken such plea in your defense . you will get conditional leave to defend the suit . since material lateration in Promissory note has been doine without your consent you have to take such plea in your affidavit in replt to summons for judgement
R.K Nanda
(Expert) 20 April 2013
no more to add.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 April 2013
That is whole problem in acting on the advice that claim alteration of promissory note, IT WILL BE SUICIDAL.
HOW-
THE RULE FIVE OF ORDER 37 SAYS-
Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court.
So if he says the promissory note is altered fron ONE LAC to 1.6 LACS, than first pay ONE LAC than only leave to defend will be considered.
ajay sethi
(Expert) 20 April 2013
well defendant has admitted that he has given promissory note of 1 lakh . his case is 1lakh has been altered to RS 1, 60,000 . no harm in depsoiting agreed amount in court and getting conditional leave to defend . he admits having signed said promissory note . he cannot now deny having signed said p note
