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Nirupam   13 September 2019

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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 14 Replies

G.L.N. Prasad (Retired employee.)     14 September 2019

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.

G.L.N. Prasad (Retired employee.)     14 September 2019

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.

P. Venu (Advocate)     14 September 2019

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

Nirupam   14 September 2019

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.....

Nirupam   14 September 2019

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.

G.L.N. Prasad (Retired employee.)     14 September 2019

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.

Nirupam   14 September 2019

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....

P. Venu (Advocate)     15 September 2019

You are playing hide and seek with the facts, I am afraid.

Nirupam   15 September 2019

which hide and seek...wat was ur question?

Nirupam   15 September 2019

p venu sir...U askd about involvemnt of police......Yes police gave me notice to meet ...i went to police ststion...answered simply the cause of taking cheque ...aftr that our sample signature was sent to forensic by police....

P. Venu (Advocate)     15 September 2019

"my divorced wife took my own gold item wth d help of police and i filed case to take back my article....."

When did she take the gold- before or after the filing of  petition or the decree was granted? Was it a contested divorce or a by mutual consent? What is the case you had filed for gold that was "taken with the help of police"? Was it a case against the police or her or against both? What was the decision in the case? Was it because of this case that she had given you the cheque? If so, how and why?

Please not that any meaningful suggestion requires that all the material facts should be posted without any inherent inconsistency.

 

Nirupam   15 September 2019

she has taken gold and her furnitures etc wth police without showing any proof that materials are belings to her filing a case u/s 94 crpc when divorce case in pening running in court...but my own gold was also taken by her which waas kept in her almirah ....it was mutual divorce..i too fild case us 94 crpc and Adc/ Magistrate ordered police to take zimma of all materials but she offered money outside court and paid 3 nos acctt payee chq of which 2 cheques were creditd to my bank on two diffrnt month and later when i reqstd to revalidate 3 rd chq then she filed FIR us 406 that i forged earlier two chqs wth an intention nt to give or revalidate 3 rd chq ....our specimn signature was sent toforensic by police

Nirupam   15 September 2019

she has offered money and gave chq outside court for which i have no proof dat she gave me chq but aftr receiving chq in my hand i droopppd d case wwhich i lodged against her to take back my articles taken by her

P. Venu (Advocate)     16 September 2019

Still, the information is icomplete - only the half truth! I am helpless in offering any meaningful suggestion. Sorry.


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