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ganeshram gupta (prop)     26 June 2012

Promissory note

Sir,

 

                                                Finger writing expert-opinion

 

(1)    Shayam has filed a criminal  case for money recovery  on basis of cheque and promissory note against irshad                                                                                                                                                                                                                                                                   (                                                                                                                              -----------                              2papers

       (2) Mohan has filled a civil  suit for money  recovery against irshad on basis of cheque & promissory 

              notes                                                                                                                                                                                   (2)papers

                          How, can irsad prove with the help of handwriting expert ,That all 4 papers are misuse of bank signed papers. As NI act prolects inchoate instrument ,How can get defence  in this conspiracy of blank papers

                          Please quote any decided case-if u have any.can in court be prayed that all 4 papers as are forged—police enquiry is a must.

 

 

Thanks

 



Learning

 9 Replies

shailendra patadia (director)     27 June 2012

you can prove your case by proving that no consideration have been received from the complainant as the complainant as per your say that he has not given you any money and the promissory note and cheque are forged and fabricated so the complainant will not have any  proof of giving you any money cheque and promissory note with out any consideration have no value in 138 cases and more over since the transaction is of a promissory note it will fall under the money lending act for which a licence is required to give money against promissory not and the complainant will not have any such licence for this reason also case has to be dissmissed

ganeshram gupta (prop)     27 June 2012

sir

   thanks ,very much.can u quote any case ruling --which envisages the licence is a must in financing on promissory note .can such forged documents not be tried by police.

shailendra patadia (director)     27 June 2012

here i have attached a judjment for money lending


Attached File : 262635195 138 money lending.pdf downloaded: 255 times

ganeshram gupta (prop)     28 June 2012

thanks , but money lending act is not enforceable in m p state. may u pl quote any supreme court  ruling . it is pain ful that inchaote instrument and sec 85 of ni act has given freedom to loot the people.ironicaly ,why dacoits do not prefer such option

K.HANMANTHRAO (AYURVEDIC PHYSICIAN)     28 June 2012

why are they giving  blank signed papers to creat all theese issues

shailendra patadia (director)     29 June 2012

M.P. Money Lenders Act, 1934, stood amended by the M.P. Money Lenders (Amendment) Act, 2000 (Act No. 13 of 2001). This Amendment Act received the assent of the President of India on 14th April, 2001 and was published in the M.P. Gazette (Extra-ordinary), dated 20th April, 2001. Thus, the M.P. Money Lenders Act, 1934 stood amended and came into force with amendments with effect from 20-4-2001. Under Section 11-B of the Act, every person who carries on or intends to carry on the business of money-lending shall get himself registered by an application made to the Registering Authority. "Registering Authority" has been defined in Section 2 (ix) of the Act which reads as follows:

(ix) "Registering Authority" means in rural area, Jila Panchayat or Janpad Panchayat or Gram Panchayat constituted under the Madhya Pradesh Panchayat Raj Adhiniyam, 1993 (1 of 1994) for their respective Panchayat Areas and in Urban areas, Municipal Corporation constituted under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956) or Municipal Council or Nagar Panchayat constituted under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961) as the case may be, for their respective areas.

ganeshram gupta (prop)     30 June 2012

sir shailendra patadia ji

                   thanks for reply ,as bombay high court  ruled for strict following money lending act, is there such decision from m p high court .why in m p ,such relaxation.

shailendra patadia (director)     30 June 2012

the rule in mp are also same kindly contact a good advocate in which court is your case go there and ask any one there for a good advocate

JIN   13 November 2016

Useful material.how can I get PDF of amended act

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