467 , 468 , 471 .
Saurabh Aggarwal
(Querist) 12 September 2016
This query is : Resolved
Can 467 ,468 , 471 be applied in case of a cheque whose all columns (amount , signature and date ) are pre filed and only writing one's own name(payee column) amount to forgery ?
Guest
(Expert) 12 September 2016
Academic query. Discuss the real problem, if there is any.
Nitish Banka
(Expert) 12 September 2016
an accused having given a blank signed cheque – is presumed to have given the authority to the payee/holder of the cheque to fill in the particulars. There is no law that mandates the cheque to have been filled in by the drawer(accused) himself. It can be filled in by the payee or even typed.
Please discuss more facts
R.K Nanda
(Expert) 12 September 2016
Academic query.
Guest
(Expert) 12 September 2016
I don't think you are related to any such case.
However, please clarify, was the cheque bearer cheque or crossed cheque?
Saurabh Aggarwal
(Querist) 12 September 2016
sir for inconvenience caused by my defiency to explain , sir it was a account payee cheque . the other party has alleged that their cheque in question was having signed dated and amount filled but got misplaced and is forged by filling the payee name .
Saurabh Aggarwal
(Querist) 12 September 2016
and sorry Dhingra sir and Nanda Sir i don understand what is academic query , i am trying to keep my question short so that i don confuse the experts and take less of ur precious time , thank you !
Saurabh Aggarwal
(Querist) 12 September 2016
cheque has been recieved by me and encashed as well after which such an FIR has come up by the giver of the cheque that such a cheque was misplaced by them , whereas the other party never reported the bank for stop payment or any other complaint , it is after encashment dispute has arised with intention of harrassing .
Devajyoti Barman
(Expert) 12 September 2016
Such defence will not hold if you could prove that he had debt in your favour and in discharge of this he drew the cheque.
Saurabh Aggarwal
(Querist) 12 September 2016
it was against a friendly cash loan .
Sudhir Kumar, Advocate
(Expert) 13 September 2016
You are giving facts on installment basis.
First you gave simply an academic query. Like you are question paper setter and experts are students.
Based on sketchy facts you gave Mr Banka gave the best possible advise.
Then you gave facts.
Sudhir Kumar, Advocate
(Expert) 13 September 2016
It was friendly cash loan as you said.
How are you connected?
It was for which purpose?
It was against which security?
who is drawer?
who is payee?
who is borrower?
who is lender?
who is guarantor?
when refund was due?
whether refund has been made?
what is date of cheque?
has it been presented?
has it bounced?
what is the present stage of the case?
without giving full facts you can expect no advice or wrong advise based on half facts.
Guest
(Expert) 13 September 2016
Mr. Saurabh,
You asked question, like a law student or an examiner, as if putting a question to solve your law school exercise, or to your students or examinees of law without discussing the background.
Not only that, you did not disclose whether you were the drawer or payee of the cheque. In legal terms, solution differs depending upon the deficiency on the part of the drawer or the payee.
Further, you are giving facts in hit & pieces, as if the experts can predict what actually was your problem.
Now only at the last stage, you have revealed that it was a cash loan.
Don't try to waste precious time of the experts, if your expect any help from them.
For cash transaction of loan amount, if you don't have a sufficient proof of giving such loan, the case may prove dearly to you. If you have sufficient proof about loan, only that may help you contesting the case successfully.
So, don't take it lightly. contact some cpable expert without delay, discuss the case with complete background with him to get appropriate advice how to proceed further in the case.
Saurabh Aggarwal
(Querist) 13 September 2016
i am the payee(alleged party) , loan was given to drawer(complainant) in for setting up a new firm jointly , which did not work out , cheque was dated 16 june , encashed succesfully on 1st august when its three months time was about to expire , three more such cheque have been also taken and encashed but are never alleged , this was the last payment, fir registered 6th august , in the final challan there is some mismatch with initial fir regarding time when reported . trial is on consideration of challan stage , we have raised questions about why after clearing on 1st aug report was not ,filled , why the final challan shows date of report as 2nd aug via a ddr and fir on 6th. in the complaint itself complainant has taken 3 stands , one that it was misplaced , second stolen , third it was signed ,dated and amount filled , fourth it has been forged .I have searched whole internet and seen no case like mine , mostly its people whose cheque bounces take stand of stolen cheque not when it is encashed like this case .if misplaced no stop payment was applied , it is just use of law is harass .
Guest
(Expert) 13 September 2016
Dear Saurabh,
Your case is needed to be examined in detail with reference to the complete information/ evidence/ documents with you in order to arrive at some conclusive opinion for your further guidance for future course of action to take.
If liked, you may send complete detail at our email ID: sssfi2016@gmail.com or 1962dcg@gmail.com
Raj Kumar Makkad
(Expert) 13 September 2016
No room to enter as the query has rightly been attended by all experts.
Rajendra K Goyal
(Expert) 21 September 2016
By giving blank signed cheque, drawer has given authority for the payee to complete the blanks.
If FIR lodged, the same has to be defended on merits.
Prove your debt in the court.
Whether complaint of lost cheque was lodged with the police, to Bank, if so, when?
Saurabh Aggarwal
(Querist) 21 September 2016
complaint of lost cheque was lodged to bank after encashement and successful transfer of money in account . all false and planned , and fir lodged 6 days later
Ms.Usha Kapoor
(Expert) 22 September 2016
You talk with thE offender under these sections to want to enter in to A compromise and tell the same to the judge by moving an application for compromise as these offenses are non compoundable and also tell the judge that now we've entered into a compromise we don't want to proceed wit trial. The judge will record finding of compromise between the two of you. Or approach the LOK adalat through district court, it will pass binding decree equivalent to a civil decree under Legal 'services authorities /Act AND YOUR CASE MAY BE FINALLY DISPOSED OFF WITHIN 1/2 AN HOUR.
Rajendra K Goyal
(Expert) 25 September 2016
Plead that the theft report was after thought.
Prove your debt beyond doubt.
Engage services of competent lawyer to plead in your favor.
