Cheque case

DAULAT DILBAUG (Querist) 26 April 2013 This query is : Resolved
This is a typical case.

Date, amount in words and figures and even signature is not of accused.

The complainant got the cheque from one of the relative of the accused and not direct from accused so he was not aware of this hand writing difference.

Evidence not started still the accused wants the cheque to be examined by hand writing experts.

Court did not agree with Kalyani basker and Nagappa citations of SUPREME COURT.

So the query is that is there any recent citation after above SC cases.

And what steps the accused can take to get proper relief.

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ajay sethi (Expert) 26 April 2013
it is necessary to go through the complaint filed by complainant to advise . whether there is debt due and payable by accused ? what is defense raised in reply to legal notice ? .

Nadeem Qureshi (Expert) 26 April 2013
the question raised by expert is relevant and after that we can give our opinion

Raj Kumar Makkad (Expert) 27 April 2013
What was the reply of the accused against the notice sent by the complainant?

DAULAT DILBAUG (Querist) 27 April 2013
1) Notice was not received by the accused but it seems that complainant managed to show delivery.

2) Accused is therefore requesting the court to even send the postal receipt for examination.

3) It is claimed in the complaint the cash was given , no receipt or any document claimed or submitted.

ajay sethi (Expert) 27 April 2013
in other words there is no documentary evidence of any debt due and payable . complainant does not have any cash receipt of cash given as loan . he will have to prove his case that there is debt due and payable

V R SHROFF (Expert) 27 April 2013

IT SEEMS TOTALLY FORGED CASE.
IF NO TRANSACTION, PARTIES DO NOT KNOW NOR SEEN EACH OTHER,

If sign on posal receipt differ from cheque & vp, Accused have v good chance for acquittal

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