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Sumit 03 March 2025

Accused appearing in court with fake name

Dear All,

I have filed two cases against a person whome i have lend money.

One case is of cheque bounnce under section 138 NI Act, case stage cross-examination.

Other case of money execution , case at intial stage only filed this month.

Know i came to know that he has taken money from me with fake name. Name in bank account is also fake. I have obtained his documents of his property through his close friend. He also changed his father name in his adhar card to hide his actual identity.

What legal action can court take in civil proceedings of money execution and also in case of NI Act

2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 03 March 2025

Given the accused's use of a fake name and fraudulent documents, the court can take several actions in both the civil proceedings of money execution and the case under Section 138 of the Negotiable Instruments (NI) Act. Civil Proceedings (Money Execution):

1. *Punishment for Contempt of Court*: The court may initiate contempt proceedings against the accused for providing false information and attempting to deceive the court.

2. *Strike off the Defense*: The court may strike off the accused's defense, as they have attempted to mislead the court with false information.

3. *Pass Ex-Parte Order*: If the accused continues to provide false information, the court may pass an ex-parte order, which means the order will be made without hearing the accused's side. Case under Section 138 of the NI Act:

1. *Punishment for Cheating*: The court may charge the accused with cheating under Section 420 of the Indian Penal Code (IPC), which carries a punishment of up to seven years imprisonment.

2. *Enhanced Punishment*: Given the accused's use of fake documents and false information, the court may consider enhancing the punishment under Section 138 of the NI Act.

3. *Summary Trial*: The court may conduct a summary trial, which means the trial will be completed quickly, and the accused will not be given the opportunity to delay the proceedings.

Additional Actions: 1. *FIR against the Accused*: You may file a First Information Report (FIR) against the accused for cheating, forgery, and other relevant offenses.

2. *Inform the Bank*: Inform the bank about the accused's use of a fake name and documents, as this may help prevent further fraudulent activities.

P. Venu (Advocate) 03 March 2025

There could be no definite suggestion unless the documents are perused and issues discussed.

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