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chandan (service engineer)     03 September 2012

Fraud

Mr X in the month of 15 th June commits sucide  and has a Bank account . Mrs Y  the sister of  X transfers the entire savings of Mr X immediately  in the first week of july using a cheque of Mr X either forging his signature or maybe its a presigned cheque to her mother's  account Y conveying to the bank orally that her brother is still alive and is still abroad.

Normally a death certificate has to be produced in order to carry out the formalities for any withdrawals of a dead person  .Under what sections of the negoitable instruments act can they be persucuted . 



 1 Replies

Guest (Guest)     03 September 2012

NI Act would come into picture only when a cheque drawn has been dishonoured by the bank due to the insufficiency of funds in the account of the drawer.  As per your statement of facts, Mrs Y is liable to prosecution for the offence of forgery u/s 420,467,468 and 471 of IPC.


Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court


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