Ink dating on cheque - ni act
P GOYAL
(Querist) 03 March 2014
This query is : Resolved
THIS IS IN RELATION TO CHEQUE BOUNCE CASE.
AS PER THE ACCUSED, HE GAVE ONLY UNDATED CHEQUE AS SECURITY AND THE PLANTIFF ENTERED DATE ON THE CHEQUE AFTER 18 MONTHS AND PRESENTED FOR PAYMENT, ON DISHONOUR FILE THE FALSE CASE IN NI ACT.
NOW IF THE RESPECTED EXPERT WILL TELL WHETHER INK DATING WILL TELL THE TIME GAP BETWEEN THE SIGNATURE AND DATES ENTERED. IF THERE IS MORE THAN 6 MONTH GAP BETWEEN THE TWO, CAN IT BE A VALID GROUND TO QUASH THE CASE.
IF INK DATING IS POSSIBLE IN INDIA AND WHERE.
adv. rajeev ( rajoo )
(Expert) 03 March 2014
You will have to send the cheque for experts opinion, which will help you.
ajay sethi
(Expert) 03 March 2014
Court seeks expert's view on age of ink
Shibu Thomas, TNN | May 16, 2011, 02.15AM IST
MUMBAI: Two years after a Jalna resident lodged a complaint that a cheque issued to him had bounced, the Bombay high court (HC) has ordered that it be sent to an expert to determine the age of the ink used for the signature.
Hearing a petition filed by a 53-year-old man who had issued the cheque, Justice A V Potdar struck down an order passed by the subordinate court, which had refused to send the cheque for expert opinion.
Justice Potdar directed the magistrate's court to refer the disputed cheque to an expert "to determine the age of the ink used for signature so also the age of the ink used for filling up of other particulars and call for the report of the expert within three months".
Vishwajit Pardesh (37), a resident of Jalna, had filed a complaint under Section 138 of the Negotiable Instruments Act, that cheques issued to him by Aurangabad resident Baburao Munnemanik had been dishonoured.
Under the law, when a cheque drawn by a person to discharge a liability is returned by the bank due to insufficient funds, it constitutes a criminal offence. The person can face up to two years in prison and/or a fine amount of twice the amount mentioned in the cheque.
Munnemanik filed an application before the magistrate, seeking expert opinion on the age of the ink used on the cheque. When his plea was dismissed by the magistrate's court and subsequently the sessions court, he moved the HC.
Munnemanik admitted that the signature on the cheque was his, but disputed that it was issued to discharge a liability. According to Munnemanik's lawyers, he had issued a blank signed cheque to Pardesh as security but the latter had misused it and filled in other details.
They said it was necessary to determine the age of ink used for the signature and the age of the ink used to fill up other details. The lawyers referred to a Supreme Court judgment that for a ''fair trial'' the magistrate could order an inquiry and refer a disputed cheque to a handwriting expert.
The HC agreed and ordered that the cheques be sent to an expert.
Hearing a petition filed by a 53-year-old man who had issued the cheque, Justice A V Potdar struck down an order passed by the subordinate court, which had refused to send the cheque for expert opinion
ajay sethi
(Expert) 03 March 2014
forensic expert can give definite opinion as to whether any alterations have been made .
Rajendra K Goyal
(Expert) 03 March 2014
Expert opinion need to be sought on the cheque.
Guest
(Expert) 03 March 2014
Well advised.
R.K Nanda
(Expert) 03 March 2014
agree with experts.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 March 2014
Section 20 of NI act which gives authority to holder to fill in blanks have many limitations.
Firstly it can not be for more amount than intended and secondly the cheque have time limitations which is now THREE MONTHS so complainant has to prove beyond doubt that the same was given within this limitation.
APEX COURT in Kalyani basker and than Naggappa case has given absolute right to the accused to seek forensic examination.
In a Judgment u/s 45 of evidence act by MP high court in 2012 has given very interesting reasoning for allowing such applications. Taking support from SC case Kranti associates vs Massod which directs that while rejecting applications the lower courts should give detailed and specific reasons otherwise such orders can not be sustained.
Sudhir Kumar, Advocate
(Expert) 08 March 2014
