S. 138 of N. I. Act

Chhaya Soni (Querist) 17 October 2008 This query is : Resolved
Respected Lawyers,

A contractor issued undated cheque favouring a company but after filling amount, name of the company and signing the same as security deposit cheque for duly performing terms and conditions of the Agreement entered by the parties. Contractor failed to complete the work on time and company submitted cheque for encashment which returned unpaid as stop payment, for which 138 is in process, now contractor filed criminal complaint agaist company stating it has forged the cheque, manupulated the same. kindly provide us favouring citations for the same and suggest wat will be the company's ground of defence.

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arunprakaash.m. (Expert) 17 October 2008
this case is depends upon the terms and conditions set out in the main contract and its obligations.

sanjay kumar patibandla (Expert) 17 October 2008
According to your version The signature belongs to the contractor only. How the forgery applies.

G. ARAVINTHAN (Expert) 19 October 2008
Forgery wont lie

K.C.Suresh (Expert) 19 October 2008
Where is the forgery under the IPC. The ingredients are lacking

Adv.Shine Thomas (Expert) 20 October 2008
Cheating will be the ground of defence.

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