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Manjunath   22 December 2021

Forged signature proving it

X gave money via NEFT to Y.
A loan agreement was drawn by X and Y.
X filed a case of cheating against Y by FIR.
Y alleges X has forged his signature in loan agreement.

Is claim of Y valid?
Even if police sends the loan agreement to forensic lab for report, does it matter?

Will X win the case or not?


Learning

 4 Replies

Anaita Vas   22 December 2021

The opinion of a hand writing expert is secondary evidence under the provisions of section 45 of the Indian evidence act. The court may or may not rely on the opinion of hand writing expert as it is not a conclusive proof of evidence. You may use the expert opinion for cross- examination of witness who signed the third document to demolish the fact that he had signed the third document.

The main thing here is whether the signature made, is against will of the appropriate candidates if appropriate candidate refuses to accept the sign, then there are many private reputated organization working in the same field, you can call them as hand writing experts there reports can also be helpful for you in proving yourself.

Expert Opinion is a solid piece of evidence in Court of Law.
As far as your case is concerned, I am bit confused as to which side exactly you want to be.?
If the person has himself disclosed that signature on Doc-3 is made by him in his recorded testimony then this will be a matter of relevancy during trial and will go against the accused person.
However, report of an expert opinion regarding signature will be a strong evidence in favour of accused if it happens to be a positive one.

 

Regards,

Anaita Vas

P. Venu (Advocate)     22 December 2021

The facts posted suggests only civil dispute, no criminal offence.

G.L.N. Prasad (Retired employee.)     22 December 2021

It may amount to cheating, fraud and forgery, which may also be treated as criminal offences.  If you have a copy of such document, you can send the copy, with that of the original signature available in some other copy to a reputed lab like Truth labs at Hyderabad for expert opinion.  A forgery invalidates all transactions and no one can pass on such defective title to others.

Dr J C Vashista (Advocate)     23 December 2021

Another hypothetical story without any connection of the author.


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