cheque forgery false case


my divorced wife took my own gold item wth d help of police and i filed case to take back my article....then in lieu of article she paid me 3 cheques..2 cheques were credited to my bank ..while asking her for revalidating d 3 rd chq for lapse of date she filed criminal case that i forged earlier 2 cheques and police sent our signature for forensic enquiry...
 
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Retired employee.

If the cheques are forged, the bank is responsible and if she is having SMS facility with the bank, she ought to have raised an objection with the banker.  Do not worry about the threat as a banker is alone responsible for such payment and she is the custodian of her cheques.  Immediately file cheque bounce case if you have presented the same and returned.  (You can also issue a notice to her for sending a fresh cheque in lieu of the cheque that expired ).  If you are having possession of the cheque, keep a xerox immediately as you can get it examined yourself by scanning the cheque and by Zooming in reverse for comparison with the original signature available.

 
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Retired employee.

If you have received the cheques with a covering letter or if such payment is mentioned with number of cheque, preserve that record.  Also file application and seek information from Bank as to whether she has reported missing of cheque leaves to Bank asking for making stop payment.

 
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Advocate

You have not posted the complete facts esp. as to the involvement of police.

 
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she did nt inform bank about chewue lost and did nt get sms alert frm bank she said to police...she filed FIR to police us 406. police sent our signature for forensic enquiry...i did nt take edio recording while taking chq frm her but my sister said thanks to her aftr when amount of first chq credited to my bank acctt.....
 
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i knew that anybody can take cheque frm anybody upon good faith without evidence....now i realised dat people can intentionally put criminal case just by means of giving cheque and saying signature is forged if bank credit fund.
 
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Retired employee.

Whose money is lost ? and who has to complain ?  Who is the culprit ?

If it is a forgery, the complainant should file complain  first to the Bank branch denying the signature as there is gross negligence and such payment of forged cheque is not in due course.

 

If the cheque is established as forged, the bank has to immediately credit that amount to the depositor and as they have lost their own money, they should complain against the collecting bank and it's customer.  If the cheque is crossed no one can find fault with collecting banker as they have done the credit after realization in good faith and without negligence that their depositor credited that cheque received in a bonafide manner.

The collecting banker must recover that money as an obligation towards a fellow banker from their customer.

This is the normal procedure.  The police taking up the case is not known or proper.  Anyway there is nothing to be disturbed as I told you that how the cheque was parted from the custody of drawer is more important.

 
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she left my home during november 2016. took her belongings during sept 2017 by police before divorce...we got divorce on feb 2018...paid me acctt payee cheque in d court campus wth a request to drop d case as i filed case to return my own gold item kept in her almirah she took that tym....now aftr several month aftr credit of fund to my bnk acctt she filed FIR us 406 that i have forged that cheque when i demanded to revalidate the last cheque which was lapsed 3 month as she told she has no sufficient fund....
 
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Advocate

You are playing hide and seek with the facts, I am afraid.
 
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which hide and seek...wat was ur question?
 
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