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mangaldev   16 April 2017

Disputed cheque written by two differnet person

Respected sirs,

in a criminal (IPC 420 467 468 471) nationalized bank fraud case, police submitted final report on the basis of FSL report. disputed cheques have been written by two different person. bank/police have handwritting of one person written on the disputed cheques. while handwritting of other/second person is not available to bank/police. now my query is--

Can sitting judge order punishment for 50% guilty(handwritting of one person is known and proved )?

How judge will give his judgement when it is known that on the disputed cheques(back and front) two different person have written the HANDWRITTING, one is available to court and other is not available to court?

What law/circular/IPC/CrPC/supreme court says in this regard?

What is benefit of doubt in this case?



 2 Replies

Advocate Ram Prasad (Chief Lawyer)     17 April 2017

What is material is d drawyers signature & a valid enforceable debt / liability

n not d writings either front / back. Blank signed cheques can be given

nd others may write on them, wont make them invalid as they fall under

incohate instruments under Negotiable Instruments Act.

---------Adv Ram Prasad, Cell: +91-91777-22930.

G.L.N. Prasad (Retired employee.)     17 April 2017

Two different handwriting may not be material for final decision, and it may contribute with other circumstantial evidences.  The role of the alleged, his position, and the part played by him, are material for establishing the crime.

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