Expert opinion on promissory note
GANGAM.RAJENDER.
(Querist) 20 May 2014
This query is : Resolved
respected sir,
my friend has taken a hand loan of rs one lakh form xxx.
both of them executed promissory note as total number of columns are not written at the time of execution.they are written only name column and signature of my friend.
after three years xxx filed the recovery of money suit against my friend with malafide intention .
Q1 AFTER THREE YEARS XXX FILLED THE PROMISSORY NOTE COLUMNS AS RS TW0 LAKHS , DATE AND XXX FAVOURABLE WITNESS SIGNED.
AT THIS TIME CAN WE SEEK EXPERT OPINION .
Q2.AGE OF INK REPORT WILL IT SUPPORT US.IS THE AGE OF INK PROVE FORGERY AGAINST XXX.
Q3.WHAT STEPS WE HAVE TO BE TAKEN REGARDING THIS ISSUE .
PLS GIVE ME VALUABLE SUGGESTION SIR
THANK YOU SIR.
Sudhir Kumar, Advocate
(Expert) 20 May 2014
one has to see the pronote, if the descrition of lender and borrower are complete, if the amount borrowed and to be returned is specific, if teh date of amount due is specific.
Devajyoti Barman
(Expert) 20 May 2014
1. Since ti was left blank initially, the borrower should suffer for his folly.
Now nothing could be done.
2. I do not think ink test is of any help now.
3. Try to produce eye witness who can testify that while executing it , the place was left blank.
Sankaranarayanan
(Expert) 20 May 2014
What is the reason behind for suit. What is the amouint filled in it? As per your version very difficult fight.
Rajendra K Goyal
(Expert) 20 May 2014
Columns left blank in a pro-note gives chance to the holder to fill in the blanks.
In the given facts you have a weak defense.
Expert cross may give some hope.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 20 May 2014
Once you admit your signature all other details are binding on you.
However the witness can not stand cross since he can not remember the details.
So engage an expert advocate since such cases can not sustain before proper cross examination.
ajay sethi
(Expert) 20 May 2014
you should not have signed on blank note . once you do so you are authorising xxx to fill in details . if amount ha been filled in later it amounts to material alteration of the pro note . your defence should be that no authorisation was given for filling in details .
you can request for forensic examination of the pro note
