Cheque has been forged
Querist :
Anonymous
(Querist) 23 December 2011
This query is : Resolved
sir ,i rajender have been working as a lecturer in that (society) college i worked as a pricipal/vice president of the society.i and some of the directors running the college,while running the college our society cheque has been misplased.in that cheque amount column 1500(digits fifteen hundred only)was written by my hand writing and remaing columns are blank but some one inserted 74 before 1500 .cheque amount 7,41,500(seven lack forty one thousand FIVE HUNDRED only)was bounced and case was registered UNDER NI ACT 138.REMAING CHEQUE COLUMNS WERE WRITTEN BY SOME ONE ELSE(not my hand writing)signed by myself(in the digits column before 1500 there was some space they inserted 74 digit=7,41,500).THE CASE STATUS WAS appearance.AT THIS STAGE WHAT I DO?.AND WHAT THE RIGTS I HAVE.IF ANY SECTIONS FOR MY SIDE PLS EXPLAIN. i am not lodged any complaint and i and society members are attending the court only.case was registered against the society members.A1 IS MYSELF,A2 CORRESPONDENT,A3 PRESIDENT,A4 JONT SECRETEYY,A5 TREASURER.
Raj Kumar Makkad
(Expert) 23 December 2011
You have not told how that person manipulated the words "Rupees One Thousand Five Hundred only" with "Seven Lack Forty one Thousand Five Hundreds only"? Had you put any space while writing in words or this column was blank?
What is your status in society and how this cheque was misplaced and what action was taken by you or the society for lodging police report etc?
These questions are very relevant and moreover you have not clearly put the facts of the case whether you are signing authority in the society cheques or some other person?
I smell some foul play in this game like a case has been lodged against you by college society for forgery and 138 NI Act. Am I right?
If I am right, you cannot claim innocence on the ground mentioned in your query.
V R SHROFF
(Expert) 23 December 2011
Your Defence:
You must get Report of Handwriting Expert as to Difference in colour of INK.
The Age of Ink, and penetration of ink in those letters not written by you.
Mode of writing
Liability & Contracts if any of amount of Rs. 7,41,000/-
If in Maharashtra, that fool spent 15000/- on Court Fees!
Are you the only signing authority. or
To my knowledge, it has to be signed
Jointly by at least Two Persons.
What transactions declared in Legal Notice and in Complaint??
"THE CASE STATUS WAS TRIAL.AT THIS STAGE WHAT I DO?.AND WHAT THE RIGTS I HAVE.IF ANY SECTIONS FOR MY SIDE PLS EXPLAIN."
Simple: To Defend yourself, Cross Examine the Complainant well, Find out your defenses, from Evidence Affidavit & Documents annexed, check transaction.
If necessary, examine yourself.Prove reason for 1500/-Any resolution passed to pay 1500/- and not 7.41L.
Money/ cheque belong to Society!!
ajay sethi
(Expert) 23 December 2011
wella advised by Mr shroff. get the opinion of handwriting expert . generally if such a huge amount of Rs 7,41,500 is being paid 2 signatories would be required . whether resolution passed to isue such a cheque
Deepak Nair
(Expert) 23 December 2011
First of all, is there any legally enforceable liability?? are you liable to pay any amount to the person who deposited the cheque?
Deepak Nair
(Expert) 24 December 2011
As stated by the expets above, the necessary details are missing.
Ajay Bansal
(Expert) 24 December 2011
Send a certified copy of cheque to me at advocateajaybansal@yahoo.co.in
Guest
(Expert) 24 December 2011
To me it is quite a strange case, as it is not understood in what capacity you signed the cheque when the society cheques are normally signed by two authorised persons mostly out of (1) Treasurer, (2) Secretary, (3) President, and (4) Vice President, or (5) Directors, etc.
Secondly, what was the purpose of filling in the amount of Rs.1500 in the amount column and signing the cheque by leaving unfilled the space meant for the name of the drawee as well as the amount in words. when extra space was left before the digit of 1500 in the amounts column.
However, I endorse the views of Shri V R Shroff on defence point of view, although difference in ink may not of any substantial help.
prabhakar singh
(Expert) 24 December 2011
I agree with defence suggested by Mr.V R Shroff.
However there are still questions you tell us:
1.Who is the person claiming the amount?
2.What is his relation with you or school??
3.what is his story of his dues ,for what,and against whom???
4.Who are the authorized signatory of the a/c????you alone??????
5.what is endorsement made by bank?????
6.was notice sent to you have been replied??????
Shonee Kapoor
(Expert) 24 December 2011
Agreed with Ld. Mr. Shroff, and as no facts have been presented, seems the author doesnot want to know the answers.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 24 December 2011
Rajendra,
WHY ARE U KEEPING QUITE TILL NOW??
ALL EXPERTS ARE ASKING DETAILS FROM YOU.
ALL OF US ,
I ADMIRE SHRI AJAY BANSAL, OK SEND COPY OF CHEQUE, TO PROVE YOUR BONAFIDE. THE COPY IS SENT TO YOU WITH LIST OF DOCUMENTS ATTACHED WITH THE COMPLAINT ALREADY LODGED.
Querist :
Anonymous
(Querist) 26 September 2013
sir i will send certify copy of the cheque.
there is no relation between complaint and the society,he is the friend of teaching faculty in the college.
1.can i go for quash the complaint .
2.expert evidence petition not received by the hon'ble court the case was in appearance stage since 2007.
3.without expert evidence can i go for quash basing on material alteration section 87 of ni act.
4.the cheque was altered in the date colum and amount colum.remaing colums are blank which was filed by another person,who is that i do not know.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 December 2011
