Whether person liable u/s 120b of ipc
ABHISHEK JAIN
(Querist) 01 February 2017
This query is : Resolved
ONE PERSON HAS STOLE SOME CHEQUES OUT OF WHICH HE CLEARED 2 CHEQUES THROUGH BANK ACCOUNT OF MY CLIENT ( AT THE TIME OF CLEARING THE CHEQUES MY CLIENT WAS UNAWARE OF THE FACT THAT THE SAID CHEQUES WERE STOLEN CHEQUES AND MY CLIENT WAS ALSO PAID RS 5000 AS COMMISSION IN LIEU OF CLEARING THESE CHEQUES INTO HIS BANK ACCOUNT) WHETHER MY CLIENT WILL BE GUILTY UNDER SECTION 120B OF IPC
Madhava Rao Gorrepati
(Expert) 01 February 2017
if we go by your version where is the identity of minds to commit an offence. there is no agreement between the two to commit an unlawful act or to commit an act by unlawful means. I am unable to understand what this commission in lieu of clearing these cheques is. was he paid for keeping quiet. but your statement says that guy did not know that cheques were stolen. your client allowed the other guy to use his account and your client was rewarded with commission. right? Why he allowed his account to be (mis) used? these subsequent events point to his abetment to crime. Abetment is no conspiracy.
ABHISHEK JAIN
(Querist) 01 February 2017
Sir the person which has stolen the cheques has the intention to commit fraud I.e he was the employee of the company and he gives those cheques to the chartered accountant of the company and now the chartered has encashed from various company my client is also a chartered accountant and he was the friend of that Chartered accountant. Company Chartered accountant told my client that he wants to adjust the balance sheet of the company for it in lieu of entry you will be given commission which is fixed at Rs 5000 my client was not aware about that the cheques they were giving to them for clearing was the stolen one but now my client got to know about all these things.the intention of my client is not malified at the time of clearling the cheques into his account he wasn't aware that the cheques were the stolen one and if he knows about the same then he never ever do this think now I need your advice whether my client is a liable under 120B of ipc
ABHISHEK JAIN
(Querist) 01 February 2017
Please reply anyone needs ur assistance in the matter which I have mentioned above
P. Venu
(Expert) 02 February 2017
The query is less than convincing.
Rajendra K Goyal
(Expert) 03 February 2017
Author please reply:
Whether cheques were having the name of your client as payee?
Whether the cheques were signed / drawn by the authorized signatory?
If signatures of drawer were genuine whether he is in the habit of keeping signed cheques without entering payee name and amount negligently?
Whether there was any addition / alteration in the cheque?
Rajendra K Goyal
(Expert) 03 February 2017
Author please also reply:
If the signatures were forged, how the Banker paid a cheque having forge signatures?
Whether the cheques were paid by the Bank in due course.
In the given facts, your client may be in trouble during litigation / criminal case if filed, but experienced lawyer can save him.
ABHISHEK JAIN
(Querist) 03 February 2017
No cheques doesn't contain name of my client and cheques doesn't have forged signature
Rajendra K Goyal
(Expert) 03 February 2017
In such case how the Banker paid the cheque to your client?
ABHISHEK JAIN
(Querist) 03 February 2017
They have paid in the account of the party introduced by my client's friend
ABHISHEK JAIN
(Querist) 03 February 2017
The cheques are drawn in the favour of that party and my client was just paid commission for just clearing the cheques into that party account but my client was unaware that cheques are the stolen one he got to know about the cheques when the company which cheques have been stolen raised an FIR
Rajendra K Goyal
(Expert) 04 February 2017
Author,
you seem to be adding new stories without replying basic questions i.e.:
Whether signatures on cheque were original, if not how and why Bank paid?
Whether the name of person in whose account money was credited was payee shown on the cheque?
