determine the age of ink on pronote
Querist :
Anonymous
(Querist) 07 January 2011
This query is : Resolved
Sir,
A lender gave money to me in 2002, after taking my signature(undated) on a blank pronote,cheques.
In 2009, he has filled the pronote and cheques, with amount of his choice, bounced my cheques and filed a case.
Q. My signatures on document are nine years old.how do I prove this.Is there any scientific examination possible to confirm this ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 January 2011
Age of ink is defficult as per present consitions but the complainant has to prove liabilities on the date of cheque.
Pritam Saini, Advocate
(Expert) 07 January 2011
i disagree with expert about onus.As per section 138 proceedings presumption in favor of holder as per section 139 and 118 of n.i. act.Regarding age of ink you should contact with expert. if you need other defensive exempt this then mentioned detail contents of complaint.
niranjan
(Expert) 07 January 2011
You have not mentioned whether you have repaid the debt or you find out the grounds of probabilities that it was not debt,otherwise presumption will be in favour of the pronote holder.Or instead of age of ink if you have any document that money was received by you in 2002 you can claim that it is time barred.You have mentioned 'lender' is he money lender?If that be so you can find defence from Money Lenders Act.
Amit Minocha
(Expert) 07 January 2011
I disagree with Mr Pritam Saini, the presumption is to discharge of debt under section 139 and not towards existence of debt. There is a big difference between the two. If the debt is proved in 138 only then presumption of 139 would come in picture. It is not vice-versa that if negotiable instrument is there the debt can be assumed.
You can always apply for forensic examination the aging of ink will surely help out also see how and when the lending 2 you is shown in complaint. If it is above 20k in cash, case is again barred by section 269SS and 269 T of the Income Tax Act and the debt transaction is is violation of the law and the 138 is not attracted thx..amitminocha@yahoo.com
M/s. Y-not legal services
(Expert) 07 January 2011
yes. the complainant has to prove that the cheque was issued to discharge your hand loan.. you have good merits.. just face your case
