Sec 138 negotiable instrument act
Querist :
Anonymous
(Querist) 15 October 2011
This query is : Resolved
Respected Experts,
I am a complainant and filed a case under sec 138 of N.I Act and now the accused exhibited one fake and fabricated non registered mutual understanding ( which is prior to 4 months of funds transfered by me to accused account and 16 months from the issuance of cheque by the accused in my favour ) containing two pages of Rs.5/- stamp paper each in his own hand written,without any witness along with my forged signataure . That the said two pages of stamp paper is purchased by the accused on behalf of a bank who is not a party .The next date is fixed by the Hon'ble Court for cross examination of accused by complainant.
You are hereby requested to be kind enough to furnish me the question to be asked to the accused , procedure for establishing the mutual agreement is a fake, fabricated and afterthought document and for your other opinion in this matter. Thanking you and awaiting your an early reply.
With regards,
A.K.Dash
ajay sethi
(Expert) 15 October 2011
1) does stamp paper mention bank name?
2)MOU need not be registered.
3)what are the contents of MOU
4) if your signature is forged you can make an application for referring doucment to hand writing expert .
Sankaranarayanan
(Expert) 15 October 2011
yes if your signature is forged by some then by way of calligraphy prove the matter before court. Without witness how the agreement been made.What reason that stamp paper bought in the name of bank?
Nadeem Qureshi
(Expert) 15 October 2011
Dear Friends
when the cross examination start then asked all these quastion to accused through your counsel and the samewill be proved
Raj Kumar Makkad
(Expert) 15 October 2011
Had counsel for accused person put the aforesaid document before you while cross examining you?
If not, its authenticity is already under heavy suspicion and moreover, you have still opportunity to compare your alleged signature from handwriting expert. There seems no relevance of such document with your matter in dispute. You file an application under section 340 Cr.PC as this is a fraud with the court.
ajay kumar mishra
(Expert) 15 October 2011
first of all you filed a petition for obtaining expert opinion regarding genuineness of your signature on the alleged documents and if it is found that the said document and your signature is forged one you file an application u/s 340 crpc.
Shonee Kapoor
(Expert) 15 October 2011
It is a clear case of using forged document as genuine in court proceedings.
Contest the document being exhibited and then use CrPC 340 r/w 195 CrPC for filing perjury.
Search and read Marwah Vs Marwah for better understanding on this.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 15 October 2011
Respected Makkad Sir / All Expert,
I am unable to understand which steps should be taken by me immediate on dt.18.10.11 fixed by the Hon'ble Court for cross examination to the accused.
OR
Whether all the (3)three procedure will be done by me simultaneously in the said fixed date on dt.18.10.11 ?
1.cross esamination of accused.
2.file an application u/s 340 crpc.
3.file an application for refering my alleged signataure endorsed in the fake mutual understanding to handwriting expert.
Kindly give your opinion so that I will do the same thing on dt.18.10.11.
Raj Kumar Makkad
(Expert) 15 October 2011
You do one thing only. Call your lawyer and let him read our replies. He shall opt best option. You trust upon your lawyer and his capabilities. Do not fly more than your swings.
prabhakar singh
(Expert) 16 October 2011
Was the document placed on record before statement in chef ??
If yes did you deny it and stated that it does not bear your signature.
if so the burden of proof lies on him to prove that document bears your signature.
he would then need to move to prove by expert
opinion which you shall rebut by your expert.
And in case it has been filed after your statement in chief and you have not been confronted in your cross or have been confronted but you have denied,the burden still remains on him.
And if it was filled after your chief and cross,then you have a right to either admit or deny your signature on the document by endorsement.
If you have not enjoyed this right so far
,i advise you to move an application in court denying the signature on document.
Doing so will require him legally to go for expert opinion and then by rebuttal you can counter.
If he does not go for expert,you need simply to deny your signature as it his document and he is burdened in law to prove that the document bears signature.
Understanding this process take your moves.
Then proceed to move under section 340 Cr.P.C. as advised.
AS REGARDS TO CROSS NONE CAN SUGGEST WITHOUT LOOKING THE DOCUMENT AND CONTENTS OF HIS EXAMINATION IN CHIEF.
Querist :
Anonymous
(Querist) 16 October 2011
Respected Prabhakar Sir,
Thanks for your advice in details, I would like to inform you that said fake document was filed and exihibited along with form of Heading of Deposition by the accused in Hon'ble court only on dt.16.09.11 after completion of my chief and cross .
My advocate has also not raised any objection to the said document at the time of exibit and defered to 18.10.11 for cross examination to the accused due to time taken by my advocate.
ajay sethi
(Expert) 16 October 2011
when any compilation of documents / list of documents are filed party is reqyuired to state whether they admit or deny the documents . if party denies the documents court will not exhibit the said document until it is proved .
it appears your advocate did not object to admissiblity of said document .
however in cross examination your lawyer can ask the accused questions on said dcouemnt and try to prove it is fabricated document .
Querist :
Anonymous
(Querist) 16 October 2011
Respected Prabhakar Sir,
As per your advice I have communicated the same to my advocate that submit an application in court on dt.18.10.11 denying my signature on fake document. He is required your suggestion regarding what will be our parayer in the said application to be submitted in court?
prabhakar singh
(Expert) 16 October 2011
As the document was filed by the party after your chief and cross was over an endorsement of denial by you or your lawyer then and there was required,now it should be pleaded that the accused party did not presented it to you or to your advocate for marking admission or denial and the document has been by slip wrongly exhibited,therefore the same may kindly be withdrawn and applicant be given opportunity to mark the same by his endorsement as " not admitted".
Querist :
Anonymous
(Querist) 16 October 2011
Respected Prabhakar Sir,
Thanks a lot.
Raj Kumar Makkad
(Expert) 16 October 2011
Why your advocate is shying to consult the matter with some senior lawyers and if is having same nature then why are your bearing his heavy burden upon you?
It is not good for a lawyer if his client has to discuss a lot on a public site just for suggestions to his lawyer.
Querist :
Anonymous
(Querist) 16 October 2011
Respected Makkad Sir,
I always trust upon my lawyer but know his capabilities and if i will not follow up my case,ultimately i will suffered financial,physical and mental harrasment due to his ignorance.
That is why i am deeply involved in my case and taking expert opinion in this regard. I am extremely sorry for the inconvience caused to all experts.
