Forged cheque
Deepa Mahajan
(Querist) 09 September 2013
This query is : Resolved
In a state case against accused is before the court of J.M.F.C.(A.C.court)Pune . The matter arose from a FIR filed by Petitioner claiming that her signatures on the payment receipt/ possession letter cheque was forged by the accused. The cheque was sent for forensic evidence by crime branch and found the cheque forged and hence the state case. However, for some reason the payment receipt/possession letter was not sent for forensic evidence.
The public prosecutor made an application before the trial that the payment receipt/ possession letter be sent for verification to a handwriting expert appointed by the court. The Accused produced the opinion of a private handwriting expert stating that as the same was already produced as his evidence in the civil case before the competent authority rent control, the same should be accepted by the court and no further verifications should be allowed.
The judge is reluctant to send it to handwriting expert, he orally commented that ‘I am not an investigation officer.”
What are the legal provisions/ supreme court judgments under which we can take further action.
I would be most grateful for your guidance in this matter.
V R SHROFF
(Expert) 09 September 2013
can apply for summon to pvt handwriting expert stating that as the same was already produced as his evidence in the civil case ,
and offer cross examination , so can be exhibited and read in evidence.
Judge is bound to order under evidence act. If Judge ORDER refusal, his order can be challenged / appeal, and u can apply to transfer your case to another court.
Raj Kumar Makkad
(Expert) 11 September 2013
First of all identify your status in the case so that you may b provided the desired reply.
Guest
(Expert) 11 September 2013
Nakkad ji,
She is a retired executive of some organisation and the case seems to be her own pertaining to the period of official position, while in service.
Deepa Mahajan
(Querist) 12 September 2013
It is my signature which has been forged. I am a senior citizen. The signature was forged when I was in my 50s. The case is re: a lawyer who had rented the flat for 11 months & renewed his rent for another year. He stopped paying rent thereafter making one excvuse or the other. When we gave him legal notice to vacate, he produced a forged document supposed to be signed by me stating that I had sold him the flat for x amt of lakhs and the signature was on a 1 rupee revenue stamp paper typed with the old typewriters of those days. The year was 2003. He had paid rent through a cheque once.It was a bearer cheque with my signature which was encashed himself & gave me the amt as he said that he is going to his bank & will get me the cash. The signature on the cheque and the forged receipt dont match. He gave it to a private handwriting expert who matched the signatures & said they were mine. Hence when we wanted the signatures verified the above answer was given by the judge.
Sudhir Kumar, Advocate
(Expert) 12 September 2013
I believe he paid rent.
I believe he paid it by cheque.
I believe he paid by bearer cheque.
In which capacity you signed the cheque?
You ask for foreinsic matching by the court handwriting expert.
In any case sale on Rs 1 stamp paper is not enforceable.
Sudhir Kumar, Advocate
(Expert) 12 September 2013
Further add.
A proper advise can be given by someone who sees tha papers.
V R SHROFF
(Expert) 12 September 2013
FIGHT
Do not bow down to fraud and forgery.
also inform bar council, exposing his act.
Trf case to another court, if J bias to advocate.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 September 2013
1) Hand writing expert analysis is never perfect, the expert can only match from an existing handwriting.
2) the expert is helpless if same person has signed in another manner than the sample.
3) That is why fingerprints are taken in registration documents.And it is also not perfect so in ADHAAR cards IRIS ( eyes ) photos are taken.
4) So unless some other circumstantial evidence is there purely hand writing TESTIMONY can not stand the scrutiny of cross.
5) We routinely make similar signatures before such experts in open court room and they just can not make out the change.
6) Now there are simple software systems which can exactly duplicate before your own eyes even on a TABLET PC.
SO IN THE PRESENT CASE THERE HAS TO BE LOT OF OTHER EVIDENCE, LACK OF WHICH it IS FATAL.
Deepa Mahajan
(Querist) 13 September 2013
Shroff Sir, What you have suggested has already been done by us. But the Bar Council did not bother . We asked for transfer of judge who was favoring the other party, that too was rejected. This is Pune state of affairs.
Dear Advocate defense, thank you for your opinion. Yes, I have read your comments & will show these points to my lawyer.
As I never studied law, but now because of our case, I am learning, I need to know from where can I get a judgement similar to my case? That can be used as reference.
Sudhir Kumar Sir, yes, I know if one sees the papers then it is possible to see the entire case.
The gist of the case is.
1.We rented our flat
2. The tenant after 2yrs stay after renewing leave& licence agreement,thereafter he stopped paying. Repeated requests had no effect.
3. Legal Notice served on him.
4. Produced false document with my forgerd signature that I took x lakhs in cash by signing on a Re 1/- revenue stamp paper, and a receipt on a ordinary paper , hand written in another handwriting that I received the money. Signature again forged.
5 He got signature verified from a private handwriting expert.
6. He did criminal case on me.
7. We did same on him for forgery and got the police handwriting expert report for which I had to sign at the police for verification. Forensic expert reported that my signature is forged. Now the case is: state vs the accused.
We asked the judge for analysis of the signature as specially on the receipt. The police had taken the signature on the cheque.
