Forged Undertaking and framed u/s138 NI
anonym
(Querist) 02 August 2011
This query is : Resolved
I have been framed u/s138(cheque bouncing). The complainant has used my signed blank paper to forge an acknowlegement and undertaking saying that I have procured loan from them and incase I do not repay they can use my cheques. 1. The undertaking is forged on a plain paper and not a stamp paper. 2. The witness is the complainant's husband only. I have to challenge it as it is fake: My question is: What is the validity of a plain paper? Can a husband be a witness to a cash transaction?
adv. rajeev ( rajoo )
(Expert) 02 August 2011
If it is forzed then you file an application to send the expert's opinion.
Ajay Bansal
(Expert) 02 August 2011
If report of hand-writting expert does not come in your favour,then it is a case of conviction.
malipeddi jaggarao
(Expert) 05 August 2011
The author is not disputing his signature. It is not forged one. He signed on a blank paper later which is converted into an undertaking. The question is whether the author can prove that he signed the blank paper which is later converted into undertaking. There is no need of hand-writing expert to authenticate the genuineness of the signature. There is no restriction about giving witness by husband in the case of wife. You should be in a position to prove that why you have signed on blank paper, why you have parted with it, and the proof that it was converted by the other party into an undertaking. Whether you are implicated innocently, whether you have taken any amount/consideration from the other party, what is the evidence they have with them to prove that the consideration is passed on to you are the questions to be settled.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 August 2011
even otherwise there are so many other procedural escape routes in NI 138 case by clever cross examination and other evidence which can not be detailed , however there are no of good inputs in forum section.
Fight the case you can come out of it easily.
Nagesh Rudrakanthwar
(Expert) 05 August 2011
you can get off from this you just need to prove & convince the court that you have not signed on any undertaking you have just given your sign on blank paper.
JT Rajasuriya, Chennai
(Expert) 08 August 2011
It appears you've taken a loan. You cannot escape out of it by cleverly trying to prove that you've been made to sign on blank papers and cheques.
I would say that you cannot escape liability so easily. But if they've filled out the paper with an exorbitant amount, then you have case to fight with a good lawyer.
anonym
(Querist) 15 August 2011
I haven't taken a penny. They have filled an exhorbitant amount. I just cannot think that they have done such a stupid mistake.
They have not filed income tax for last 6 years and their bank accounts cannot justify the amount.
But I am leaving no stone unturned and looking for loopholes which I might have missed.
