Cheque has been forged
Querist :
Anonymous
(Querist) 31 December 2011
This query is : Resolved
SIR,MY CHEQUE HAS BEEN FORGED.CHEQUE BOUNCE WAS LODGED UNDER NI ACT 138.I WANT TO SEND THE CHEQUE TO EXPERT OPENION.pls sir send the profama for expert openion petition and the procedure how to file a expert petition.thanking you sir.e mail: gangam.rajender@gmail.com.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 December 2011
first you have to show how the custody has gone to the holder. Just by your pleading that it is forged has no meaning.
Advocate. Arunagiri
(Expert) 31 December 2011
You can take the help of your advocate for such a format. for more info see s.293 cr.p.c.
ajay sethi
(Expert) 31 December 2011
repeated query
Raj Kumar Makkad
(Expert) 01 January 2012
Your similar query has already been resolved.
V R SHROFF
(Expert) 01 January 2012
At any time, Apply Court ::
IN THE COURT OF JMFC , 11th COURT :AT THANE
S.C.C. NO-xxxx/2011
SHRI. xxxxxx
)))
…………COMPLAINANT
V/s
SHRI. zzzzzzzzzz
)))
…………ACCUSED
APPLICATION ON BEHALF OF THE ACCUSED FOR OBTAINING EXPERT OPINION AS PROVIDED U/S 45,47 OF INDIAN EVIDENCE ACT..
MAY IT PLEASE YOUR HONOUR :
It is most humbly and respectfully submitted by and on behalf of the accused abovenamed as under:
That the Exhibit No. 29 i.e. disputed Cheque No. 286482 for Rs. 39,672/- is written NOT OVER 45000/-, but as per the accused it was written NOT OVER -5000/-, and the same is materially altered by the Complainant. That the Cheque was issued on 15-03-2005, in the year 2005 which was misused by the Complainant. It had come in the evidence of accused, and denied by the Complainant.
That different ink is used to alter the figure “4” by the Complainant. I say that the Vouches at Ex- 36 does not bear my signature.
It is therefore necessary to inspect and confirm the same , and to confirm that the cheque is materially altered by the Complainant as well as the Date, Name, Amount in figure as well as amount in words is not in the handwriting of the Accused, but in the handwriting of the Complainant, and the Remark NOT OVER -5000/- is altered NOT OVER 45000/- , thereby changing the “ –“ (Dash) to figure “4” ., It is specifically denied by the Complainant in his cross examination.
It is therefore prayed that Opinion from the handwriting expert may be obtained to confirm the alteration by the Complainant on said cheque and vouchers, as provided u/s 45 of the Indian Evidence Act, in the interest of justice.
The accused is ready and willing to pay/ bear the cost of the same
FOR WHICH ACT OF KINDNESS, THE ACCUSED SHALL, AS IN DUTY BOUND, FOREVER PRAY.
Thane, Dated this _________________
…………………………………………………………………….
ACCUSED
…………………………………………………………………….
ADVOCATE FOR ACCUSED
IN THE COURT OF JMFC , 11th COURT :AT THANE
S.C.C. NO-xxxx/2011
SHRI. xxxxxx
)))
…………COMPLAINANT
V/s
SHRI. zzzzzzzzzz
)))
…………ACCUSED
AFFIDAVIT IN SUPPORT OF APPLICATION ON BEHALF OF THE ACCUSED FOR OBTAINING EXPERT OPINION AS PROVIDED U/S 45,47 OF INDIAN EVIDENCE ACT..
I Shri xxxxxxxxxxxxx son of Agedxxxx9 years, Indian adfult inhabitant, residing at Bhayandar (East) Dist Thane today at Thane state on oath as under :
I say that in CC No. ccccc, the Exhibit No. 29 i.e. disputed Cheque No. 286482 for Rs. 39,672/- is written NOT OVER 45000/-, but as per the accused it was written NOT OVER -5000/-, and the same is materially altered by the Complainant. I say that the Cheque was issued on 15-03-2005, in the year 2005 which was misused by the Complainant. It had come in the evidence of accused, and denied by the Complainant.
I say that therefore necessary to inspect and confirm the same , and to confirm that the cheque is materially altered by the Complainant as well as the Date, Name, Amount in figure as well as amount in words is not in the handwriting of the Accused, but in the handwriting of the Complainant, and the Remark NOT OVER -5000/- is altered NOT OVER 45000/- , thereby changing the “ –“ (Dash) to figure “4” ., It is specifically denied by the Complainant in his cross examination. That different ink is used to alter the figure “4” by the Complainant. I say that the Vouches at Ex- 36 does not bear my signature.
I say that therefore I prayed that Opinion from the handwriting expert may be obtained to confirm the alteration by the Complainant as provided u/s 45 of the Indian Evidence Act, in the interest of justice.
I say that I am willing and ready to pay/ bear the cost of the same.
Whatever stated herein above para and in the Application are true and correct as per my own knowledge.
Place: Thane
Dated this 02nd day of December 2010
…………………………………………………………………….
DEPONENT /
ACCUSED
Identified & Explained by
ADVOCATE FOR ACCUSED
S.C.C. NO-xxxx/2011
SHRI. xxxxxx
)))
…………COMPLAINANT
V/s
SHRI. zzzzzzzzzz
)))
…………ACCUSED
APPLICATION FOR APPOINTMENT OF EXPERT & ISSUE SUMMON
ON BEHALF OF THE ACCUSED.
MAY IT PLEASE YOUR HONOUR :
The Accused hereinabove respectfully submit that on the last date xx-yy-zzz , the Hon’ble Court was pleased to pass Ordre below Ex- __________to allow the Opinion of Expert .
The Accused submit that the accused is ready and willing to pay the charges and expenses for the same, and pay this Hon'ble Court to engage the services of
1] Mrxxxxxxxxxxxxxx
M.Sc.
Forensic Consultant & Expert Opinion
in “Handwriting & Questioned Documents”
having xxxx Address at
(West) Mumbai- 400 082
Mobile No. xxxxxxxxxxxxxxxxxxxx Ph: 022-zzzzzzzzzzzzzzz
for the same
The accused is ready and willing to consider any other Experts on the List of this Hon'ble Court for the said services.
The accused pray to this Hon'ble Court to do the needful and order accordingly to issue Summon to the abovesaid Expert.
FOR WHICH ACT OF KINDNESS, THE ACCUSED SHALL, AS IN DUTY BOUND, FOREVER PRAY.
Thane, Dated this xx-yy 2011.
…………………………………………………………………….
ADVOCATE FOR ACC
Deepak Nair
(Expert) 02 January 2012
Yes, repeated query already solved by experts
Shonee Kapoor
(Expert) 08 January 2012
Nothing to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
