A cheque was issued to by one of our uncles while he was admitted in hospital and he passed away after 15 days of clearing of cheque. His estranged wife has refused to honour the exchange and lodged FIR 420 467 471 120b charging the receiver of cheque of fraud nd forgery on the ground that the original FDs which were broken in the account of her husband and previous cheque book lies with her(she got it after his death from his closet etc.) She accuses the receiver of forging his husbands signatures to write a letter to bank to break the FDs and issue a new cheque book to take the money. This whole breaking of FDs and new cheque book issued was done by the PA of the issuer. She has accused the PA also of fraud and conspiracy. The bank manager admits to receiving call from the account holder and his instructions to break the FDs and issue new cheque book to his PA who will come with his authority letter. But the police has filed a chargesheet in Court because the forensic report says the signatures on cheque don't match with admitted ones. (ignoring the fact that the man was critically ill while signing nd admitted sample was when he was healthy) The PA(Co accused) agrees to issue of letter by account holder and handing over of cheque book to him. Bank manager agrees to receiving call from account holders mobile no. And instructions given to do so. Had also received SMS from issuer and has the SMS saved saying that cheque book be given to his PA.
Receiver of cheque/money also has SMS from issuer registered mobile no. About the whole transfer mentioning to come and collect the cheques from him as he is not well.
Can this case be quashed and the accused be discharged before trial? Pls provide some reference cases?
This looks too good to be true for someone in a hospital who can't sign properly ? But makes a phone call, send an SMS too? . One part of the claim doesn't support the other. I mean phone call yes.... So when it is mentioned that he cdn't even sign properly..how cd he text... And the manager saved this particular message!! Again it looks like someone took too much care. I wd be doubtful about the PA too..by the way why does he need a new cheque when he has them already?? It looks fishy too :)
Everyones sign will be different in pressure and speed after 20 days of hospitalisation.
Sign is good that's why cheque got cleared by bank. But forensic says doesn't match on forensic basis.
Manager doesn't save that particular message but had it just like other messages in routine for 1 month or so after which he saved it be coz of complaint.
New cheque book because the earlier ones were not traceable/available in hospital. Didn't want to ask anyone in home to bring them so asked pa to bring new from bank.
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