Fraud DD

Querist : Anonymous (Querist) 30 September 2010 This query is : Resolved
One of the my client has received DD in good faith and he deposited it into his bank where is has account. Afterward bank come to know that the DD is Fraud. So he has ledge police complaint and police has kept my client into lockup overnight. Now what is remedy available to my client? Can police keep my client into lockup on bank's complaint without any inquiry or proof? How to defend my client and under which Act? What actions my client should take for defalcation?

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R.Ramachandran (Expert) 30 September 2010
Dear Anonymous,
From whom your client received the DD? The DD received by him is towards what? Has he revealed the fact to the police authorities?
Whether your client has been arrested? If arrested, you can move an application for bail by indicating the true facts.

Devajyoti Barman (Expert) 30 September 2010
What is the provision under which your client has been booked? Since he is behind the bars , you have now no option but to move bail petition and theater other recourse like quashing, discharge etc.

pawan sharma (Expert) 30 September 2010
i do agree with expert on that point.

Parthasarathi Loganathan (Expert) 30 September 2010
The relationship and obligation on the part of your client on the basis of consideration receivable through the said Demand Draft needs to be established to prove that your client has received the DD in good faith for a legitimate transaction.

s.subramanian (Expert) 30 September 2010
From where and from whom he received the DD? For what also he received the same? If he is able to prove bona fides,he can come out of the case.

Devajyoti Barman (Expert) 01 October 2010
right

Advocate. Arunagiri (Expert) 06 October 2010
Your client can come out of the case, if he proves that:-
1. he has not prepared the document

2. not abetted for preparation

3. he has en cashed the cheque without knowing that the it is fabricated.

At present you can apply for bail and face the trial. I think Quashing the same is not possible.

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