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Cheque forgery

(Querist) 01 November 2015 This query is : Resolved 
plaintiff argues --he got cheque for money.
accused say that plaintiff filled my blank signed cheque so crime as per464 ipc example c.
how court can decide the cheque whether genuine or forged,if sign are admitted but no proof of consideration .
can court validate the forged cheque into legal cheque,if witnesses are brought for statements .
SAINATH DEVALLA (Expert) 01 November 2015
Are U a law student?
Rajendra K Goyal (Expert) 01 November 2015
How are you concerned with the query?
salila (Querist) 01 November 2015
yes i am a law student,and trying help to accused .
Hemant Agarwal (Expert) 02 November 2015
1. u/s 139 N.I.Act, liability of Accused is lawfully pre-determined (due to existence of cheque), UNLESS contrary is proved by Accused. Court suo-moto will not determine anything (as mentioned).

2. File appli u/s 254(2) Cr.P.C. and "demand" ask for Balance Sheet & Schedules of Complainant party, to determine IF the "legally enforceable liability" , is shown as outstanding liability (consideration amount) against the Accused name. IF not shown, the case will fall, subject to proper arguments.

Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
SAINATH DEVALLA (Expert) 02 November 2015
Act as per the advice of Mr.Hemant Agarwal
salila (Querist) 02 November 2015
shri hemant ji.
thanks .but case is rgd in 467 ipc not in ni act.my question is whether ingredients of chq are notpresent in chq ,in other words--it is not the cheque.can court pass order of forgery on drawer .
if so ,the forged chq turns legal chq in eye of law.am i correct ?
K.S.Srinivas (Expert) 04 November 2015
I agree with Sri Hemant Agarwal.
Dr J C Vashista (Expert) 05 November 2015
Discuss with your tutor in class room.


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