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Sandeep50888   09 October 2016

Cheque issuer dies nd his wife files 420 against cheque hold

A cheque was issued to by one of our uncles while he was admitted in hospital and he passed away after 15 days of clearing of cheque. His estranged wife has refused to honour the exchange and lodged FIR 420 467 471 120b charging the receiver of cheque of fraud nd forgery on the ground that the original FDs which were broken in the account of her husband and previous cheque book lies with her(she got it after his death from his closet etc.) She accuses the receiver of forging his husbands signatures to write a letter to bank to break the FDs and issue a new cheque book to take the money. This whole breaking of FDs and new cheque book issued was done by the PA of the issuer. She has accused the PA also of fraud and conspiracy. The bank manager admits to receiving call from the account holder and his instructions to break the FDs and issue new cheque book to his PA who will come with his authority letter. But the police has filed a chargesheet in Court because the forensic report says the signatures on cheque don't match with admitted ones. (ignoring the fact that the man was critically ill while signing nd admitted sample was when he was healthy) The PA(Co accused) agrees to issue of letter by account holder and handing over of cheque book to him. Bank manager agrees to receiving call from account holders mobile no. And instructions given to do so. Receiver of cheque/money has SMS from issuer registered mobile no. About the whole transfer mentioning to come and collect the cheques from him as he is not well. Can this case be quashed and the accused be discharged? Pls provide some reference cases?


 11 Replies

Kumar Doab (FIN)     09 October 2016

The facts that you have mentioned seem  to be good.

 

 

Sandeep50888   09 October 2016

Originally posted by : Kumar Doab
The facts that you have mentioned seem  to be good.

 

 

Any advice or reference u can provide?

Kumar Doab (FIN)     09 October 2016

Regret; at the moment;NO.

If traced I shall post.

1 Like

Sandeep50888   09 October 2016

Originally posted by : Kumar Doab
Regret; at the moment;NO.

If traced I shall post.

Thanks

Suri.Sravan Kumar (senior)     10 October 2016

since the forensic report is against him and I think court will not accept his plea to discharge him. 

1 Like

Sandeep50888   10 October 2016

Fsl report says that it doesn't match with admitted ones neither do they match with accused sample taken. Moreover Health of issuer was not taken into consideration on report. Other evidences make it a clear case of simple cheque issued which got cleared.

Sandeep50888   10 October 2016

Any other advice or suggestions?? Any reference case or previous such case with anyone??

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     11 October 2016

case can be quashed but you can come out after trial. Get a good advocatge.

1 Like

Sandeep50888   11 October 2016

Thanks What should be strategy... First it should be tried for discharge in same court if not then quashment in high court ? Any previous / reference case like this??

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     11 October 2016

. KINDLY NOT E THAT.

1. THE ACCUSED MAY FILE A DISCHARGE APPLICATION IN THE SESSIONS COURT, MENTIONING ACTUAL FACT AND ON VARIOUS GROUNDS. COURT WILL CALL SAY OF THE STATE AND EVEN THE COMPLAINANT MAY FILE SAY WITH PERMISSION OF COURT .

2. AS PER GIVEN DETAILS THE BANK MANAGER IS SUPPORTING AND EVEN MOBILE MESSAGE IS IN SUPPORT, THOUGH HANDWRITING EXPERT OPENION IS NOT SUPPORTING THE MATER CAN BE STRONGLY ARGUED AS THE PERSON WAS SICK.

3. IF SESSIONS COURT DISCHARGES ACCUSED THEN MATER MAY GET OVER BUT IF NOT ACCUSED MAY FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE SAID FALSE CASE WHICH IS ABUSE OF PROCESS OF LAW..HE WILL SUCCEED.

GOOD LUCK.

N.B.SAWANT.M.COM.LL.B. ADVOCATE HIGH COURT, MUMBAI.

1 Like

Sandeep50888   11 October 2016

Thanks... Any similar case where cheque issuer dies and legal heirs refuse to acknowledge the tranction??

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