Legal Question in Banking Law in

1.The complainant who is the director of the company forged the signatures of the accused who is the second director of the company and got cheques bounced as "insufficient funds".The cheques were issued in the name of the complainant

2.There was no liability in the company for that amount.

3.Complainant forged the signatures of the accused on the acceptance of resignation letter given by the complainant to the company.

4.Complainant prepared a forged agreement letter between complainant and accused for a fictitious liability and quoted that the cheques were issued in consideration of payment of that liability.Two persons have fraudulently been the witness of this agreement and are unknown to the accused.

5.The banker has not given any information under the RTI whether they verified the signatures of the accused before returning the cheques.

6.All the previous cheques in the account have been issued by the complainant and he had the possession of the cheque book since inception of account.

7.It is a complete case of forgery being committed by the complainant.

Please advise regarding the case under section 138,141 and 420 that has been filed against the accused.

Regards


Asked on 8/24/10, 1:20 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

you can file the case and get opinion of handwriting expert

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Answered on 8/24/10, 9:21 pm
Vishwa Arya Arya & Co.

the only issue is that the accused has to prove all these things during the trial and must rebut the liability under 139.

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Answered on 8/25/10, 9:32 am
J. Radhakrishnan independent Practice

your question is confusing. have it properly framed. Better seek advice of local lawyer on presenting him the facts correctly.

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Answered on 8/28/10, 8:05 am


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