Cheque issuer absconding

Originally posted by : Mani
	Dear Sudhir Sir, Thank You sir! Yes Sir, I can attest some witness as you mentioned.

why are you thanking me.

stand corrected

I have not endorsed you plan to commit fraud by manufacture of a document which never existed.

Sudhir Sir,

Im thanking you as a basic courtesy sir. You are helping me with some useful information and for free :)

Additional doubts,

Say I decided to file the case in my mothers name...

• Will the court/opp party will ask for the source of money for my mother? my mother is an IT asessee for two years of 2.1 L per year. is this suffice?
• Will they ask for the bank transaction? (like money withdrawn from my mother's account during the day of loan or few days before?)

Firstly, I say your case is a complicated one, so recovery of the alleged debts is not so easy as you are thinking / planning in a highly illegal and irreglar manner.  

From your given facts it is evident that you are attempting to manufacture some forged documents as genuine against a person allegedly described as a debtor.. Such act or planning and tending to do such act is a serious criminal offense cognizable in nature that can put you behind the bar.  I am really surprising how you could dare to call Legal Experts of this Forum to abate your said ill deeds by soliciting their opinion and advice.

Dear Biswanath,

Im not tring to forge any documents. I helped her in a very critical situation to save a life. She owes me 7 Lakhs.  For that she gave few signed documents (Pro notes, cheque). Since Im in currently in USA and cannot travel to India since my visa extension is in progress. Hence Im thinking that my mother could file a charge against her... whats wrong in that? It is my hard earned money and it is not a lesser amount to forget it.

I just asked about source of money and bank transactions because I dont want to loose my money because of that. 

If I could file a charge, then I have all the proofs of bank cash withdrawal, enough income proofs. Im not sure why you gave a harsh statement like that. Would you be quiet if you loose 7 lakhs?

Please stop juding others when you really dono the situation.

I wanted to file a case under sec 138 for which the complaining person should preset in the court and provide the documents. If I file a recovery case which is civil you know how long it will take.

@ Mani,

It appears from your post that you are a villege rustic and as such you don't know how to address a Senior most featured Expert Legal Advisor of this Forum. My age is 85 years probably similar to your father's age and one of the Senior most Life Member of Bar Association of India, Supreme Court. and known to all Bar Associations of all High Courts.

According to Indian Penal Code manufacturing documents of loan by using signed papers and blank cheque to make those as genuine documents and to utilize those as evidences is a FORGERY and such act is a cognizable offence and whosoever will give you any assistance or guide you or opine you shall be treated as adettor to your offence and liable  for the same legal liabilities as the main offender will bear.

Dear Mr. Mani:

I have my sympathies with you.  You have lost a lot of money. The person who took money has virtually cheated you. The fact that you are now in USA has added your problem. Rupees seven lakhs is a lot of money to lose. But it is too small and uneconomical to fight for from USA. I understand that you are desperate.

Taking signatures on blank papers and blank cheque leaves and using them to fabricate documents is a criminal offence. There is no doubt about it. I have seen such things only in films. Probably you also got the clue from films. Criminals generally take signatures under duress  of weak persons and use them later for illegitimate gain for themselves and/or illegitimate loss to the victim. You may take signatures on blank papers for a purpose or an intention that may be legitimate.  But law looks at only your action and not at the intention or purpose. Intention, purpose, motives etc. will be of relevance only as clues to look for other unimpeachable evidence.

The person did not give you signed papers under duress. She took a large amount of money from you without any security. She very well knew that the money was returnable to you. But she had to give you something that will give you confidence and a hold on her. So she gave you those blank papers signed by her. She trusted you that, if at all the need arose, you would use them only to the extent she owed you money and not more. Her permission to use them, in the manner in which you propose to, was implied when she gave them to you.

The recovery of amount from her is legal but the manner in which you propose to fabricate documents is illegal in the eyes of law.  It is illegal because the law says so and the law cannot say otherwise.

I agree with Learned Advocate Biswanath Roy that you are behaving like a village rustic. He is a Learned Advocate. There is no doubt about it. Further you could have guessed his age from the photograph. In fact, if you had written the same things to me, I also would have felt offended.

You are a village rustic because you are seeking such advice in an open Forum. What you should do is to find a good lawyer, narrate what all you have disclosed above to him in confidence and then seek his advice. If he does not agree with you, you can certainly find another lawyer.  This Forum is a wrong place and you should not come here just because it is free.

Lord Krishna is my own role model.  He saw Bhoorisravas about to kill with his sword an unconscious Satyaki. He asked Arjuna to immediately shoot an arrow and cut the hand of Bhoorisravas. “Oh Krishna!  why did you advise Arjuna to do such  adharma?” asked Bhoorisravas. “Was it dharma to kill an unconscious Satyaki?” shot back the Lord. They say “one wrong cannot right another wrong.” Courts also say the same. But in real life sometimes one wrong often does undo another wrong.

I give my respects to the Learned Advocate Biswanath Roy. He is older than me by a couple of years.

SImply because you cannot come to India that does not mean you will manufacture documents to suit your.

You plan to create a liability in favour of you  mother by manufacturing documents and file case.  without  you realising that you are making your mother criminally liable and you hae no time to come to India do defend her and defend yourself.

It is your respected mother who will sign a plaint and stand before court to depose on oath that she actually lent money to her from her own source.  Any smart lawyer during cross examination can make her to cough truth.

Do you really think that you will be able to stay abroad if criminal case will be registered against you.

The views of Mr Bishwanath Roy are fully relevant.

Dear Sirs,

To be frank, till Biswanath sir's message, I never knew that what I have planned (putting the cheque in my mothers name) is forging and cognizable offence. When he said forging the documents, I thought he thinks Iam telling lies that I gave her money. After subsequent messages I understood what exactly forging means. 

And yes, my mother is more important than anything. I WILL NEVER put her in risk. Thank you all for your valuable information.

I will wait till I get visa extension approval and I will come back to India and file a case against her.

Im sorry if I had hurt anyone...

Signing off from this thread...

Really you do not know manners and etiquettes of the civilized world. Whenever you address Experts of this forum you WRITE as " Learned Experts".  Of Course I cannot blame you because it was the fault of your parents who did not teach you how to address repectable persons.

Let us not blame his parents. Most parents do not belong to legal fraternity and do not know that addressing as "Learned Experts" was an insult. They may be knowing judges and lawyers referring to say, the defense lawyers , as "the Learned Counsel for  Defence" etc. In fact even what I think as respected way of addressing,  may not be so. Anyway, he says that he has left this post. So others can also leave this post.

Anyway forum is again successful in restraining one more person from colmmiting a crime.