Fraud and Forgery case
Querist :
Anonymous
(Querist) 21 June 2010
This query is : Resolved
Hi Friends,
One of my friend Sachin Hedau is been arrested and currently is in Judicial custody after policy custody.
He is arrested because one of his friends cheated him, Sachin Hedau was guarantor to his 2-3 car loans but car was not bought at all and money was directly paid to some fraud company.
Even, it is obsererved that Sachin's friend has forgered his ITR document and submited in bank and also Signature on few documents.
Hence, when bank came to know about this bank logged a forgery complaint against his friend and also Sachin Hedau.
Intially, Sachin got bail before arrest but that was cancelled by court and later he was taken to Police custody. Police has given a positive report that they have not found any thing at his residence and shop. But, Now he is under Judicial custody at Yerwada Jail.
I have few queries :-
1. How can Sachin Hedau prove that he was not involved in the fraud.
2. How can he proved that his friend forgered the document without his knowledge.
3. How can he prove that the actual Signature on the documents submitted in the bank does not match with his actual Signature.
4. Whether he can get a bail and If Yes, wht should be the approach of lawyer.
5.Now, if any persons wants to be a guarrantour for his bail, wht all liability will be on the person who is standing as a garantour.
6.Whether person who is standing as guarantour what all rules and regulation he will have to follow.
7. What all documents will be required by the person who wants to stand as a guarantour or bail.
8. Whether the guranatour will be liable for any fianacial re-payment of loans, if Sachin is been proved guilty and not in possition to pay the loan.
Thanks & Regards.
Daksh
(Expert) 22 June 2010
Dear Anonymous,
As it is evident from your mail under reply your friend agreed to be a guarantor for deals in which the principle committed fraud and the matter is being investigated by the police.
It is advisable that your friend should cooperate with the police investigation and states in his statement to the police about the fact that how bonafidely he acted in good faith and he is not a party to the conspiracy and did not personally know about the forgery and misrepresentation by his friends. There are two limbs to this problem one is criminal case whether your friend had planned, conspired, intended, had knowledge, participated in the crime and know about the consequences together with other accomplish or his other friends took him in the confidence and he acted bonafidely and is facing the music for their misdeeds.
Secondly on the civil side as per the contractual binding if your friend agreed to be guarantor then he is legally bound to discharge his obligation/s.
Best Regards
Daksh
