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koshko (xyz)     18 March 2012

Forged checks submitted of others account & written my name

Hi ,

my internet provider has got paid by stolen cheques of someones account .back side of cheques my name/no is written. Now bank is calling me  &  threatenig for FIR against me .Let me know what suitable action i can go for ? Is any one become criminal if some one writes his name/no & paid his bills by forged/stolen cheques?

koshko 



Learning

 8 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     18 March 2012

U R BENEFICIARY, SO POLICE CAN INVESTIGATE, AND FOR THE PURPOSE GET POLICE CUSTODY, AND FILE CRIMINAL CASE AGAINST YOU. 

 

It seems your bills for your internet use was paid by forged cheque. Your name s on back side opf the Cheque. 

How many times it happened?? What is the totl amount involved? 

is it a CYBER CRIME?? WHY SHOULD SOMEONE PAY FOR YOU?? 

Someone certainly lost his money, that was found with you, as paid for you. 

 

Only after investigation and motive behind can pove it is crime or you are innocent. 

Dr J C Vashista (Advocate)     18 March 2012

Number of related and necessary informations are missing from yur statement/querry as rightly asked by Mr. shroff. It is advised to engage local lawyer since yours is a complicated case.


(Guest)

Write letter to the internet service provider. Inform the service provider that the cheque was not yours. It is very likely that the employee of internet service provider may have by mistake wrote your name behind the cheque which was not issued by you. 

SAINATH DEVALLA (LEGAL CONSULTANT)     18 March 2012

Dear Querist,

       Could be the hand work of the representative of the Internet Provider.Do you know the actual account holder?Cheques got passed means they were genuine.The handwriting would have been different,on the front and backside of the cheques.You should have met the bank officials and pleaded your innocence and asked them to verify the handwriting.I strongly feel that the service provider's staff  are involved.Still do not delay and consult an advocate in your town.

Sudhir Kumar, Advocate (Advocate)     18 March 2012

It is your liability which is discharged by the forged cheques.

 

You never paid the money to the internet used after the same was paid by forged cheques.

Whosoever has written your name but forgery is committee to you benefit.

 

You are likely to confront the following questions

 

1.     For how many years you had used the internet

2.     For how many months such cheques have been used for your payment

3.     How did you pay the internet provided during the period for which payment was made by cheque.

4.     Has the internet provided used any receipt of this cheque.

5.     Whether the said receipt is in your name.

6.     What is the stand of the employee of internet provided who collected the cheque.

7.     Who actually gave cheque to internet provider.

8.     Who is account holder.

9.     How are you related to account holder.

10.                        How are your relations with you.

11.                        Why these cheqeus are forged by someone for your benefit.

12.                        Howe many cheques of this book were used for IIIrd party benefit other than you.

13.                        Who signed the cheques.

14.                        When did you know about this payment.

15.                        Whether the signature are genuine or forged.

16.                        Whether the writing of the amount and beneficiary’s name in the same ink while it was signed.

17.                        Whether the original cheque ahs fingerprint of you or any of your family member.

18.                        Even if the endorsement and writing and fingerprints on the cheque is not in your (nor of family member)  handwriting then why it should not be believed that you stole the cheques got endorses/ written in another hand.

19.                        How many payments to other service providers you have made by cheques and how many do not belong to your account.

 

For all these answers police will be justified to seek your remand.

 

Better go for amicable settlement with account holder.

Sudhir Kumar, Advocate (Advocate)     18 March 2012

Just consider if you are a police officer and called upon to investigate this case from where you will start.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     18 March 2012

even if you keep mum for many months, you are guiltyof ot informing to internet provider, and guilty not paying your bills. All says , you must reply in detail, or Police will certainly do needful. 

SAINATH DEVALLA (LEGAL CONSULTANT)     19 March 2012

Dear querist,

       Please go through every word posted by Sudhir Kumar, if feel unless you are in a position to answer all of them to the investigating agency,you have no route to come out of it.I strongly feel that you are not innocent.


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