Alterations & negotiable instruments act
TRIBHUVAN PUROHIT
(Querist) 04 October 2011
This query is : Resolved
Sir,
If Original Letter of Acknowledgement is missing, and the Petitioner is relying on other typed copy which contents are not as per the original beLing signed by the Respondent and seems materially altered.
What is the strength of the letter of acknowledgment.
I want the co-relation of the above said concept with The Negotiable Instruments Act
Please explain in Depth.
Thanking you,
TRIBHUVAN PUROHIT
Raj Kumar Makkad
(Expert) 04 October 2011
The petitioner has to prove the authenticity of acknowledgement, if he relies upon it. Every petitioner has to stand on his own legs and his documents can be got exhibited only if it confirms to Evidence Act. Right of rebuttal always remains with the respondent. He may falsify such forged documents produced by petitioner.
prabhakar singh
(Expert) 04 October 2011
i have an opinion no other than one extended here.
R.Ramachandran
(Expert) 05 October 2011
A very clear and concise reply from Mr. Makkad.
Sailesh Kumar Shah
(Expert) 05 October 2011
Take only Original Letter of Acknowledgement not other.
ajay sethi
(Expert) 05 October 2011
section 87 of NI act “Any material alteration of Negotiable Instrument renders the same void as against anyone who is a party thereto at the time of making such alteration and does not consent thereto, unless it was made in order to carry out the common intention of the original parties;……..”
if you are able to prove contents have been altered court will disregard said document
TRIBHUVAN PUROHIT
(Querist) 07 October 2011
Thankyou very much sirs for replying.
On the basis of your replies, I would like to ask you few questions as below.
1- Petitioner relying on typed copy instead of original
Original form contains two printed pages but the Petitioner has typed only one page,not the second one. it does not contain any signature of the Respondent.
2-The printed form clerly indicates to affix revenue stamp and to send copy to the Respondent which was not sent to the Responent by the Petitioner.
3- Petitioner has been charging interest adhoc for about 5 years in his statement but i want to know that the Petitioners are not upkeeping records on yearly basis specially if Petitioner is a bank what are the procedure to procure and serve records for letter of acknowledgement.
3- It is general practice to sign blank document where peoples seeking loans/facilities from the bankers sign it to avail it at earliest and bankers to promote their marketing levels trap peoples.
but if respondent has given in writing that he has signed blank document, the letter is also proved in the court. I am specifying this because the Respondent is claiming that Petitioner has manipulated document.
What will be the strength on the side of Respondent to prove?
Please reply.
Thanking you,
TRIBHUVAN PUROHIT
