Legal Question in Banking Law in India
negotiable instrument act
if the consideration for which a negotiable instrument is obtained is unlawful does the instrument becomes void? in that case can the payee file criminal complaint if the signature is suspecting fogery?sec420?
4 Answers from Attorneys
Re: negotiable instrument act
Yes
Re: negotiable instrument act
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Re: negotiable instrument act
yes, if the signatures are disputed, the the drawer or drawee as the case may be, should get the same verified from an expert. and if the forgery proved, the accrued can resort to criminal action against the holder of the cheque
Re: negotiable instrument act
Both the issues are independent of each other.
The drawer may have a good defence if the instrument is 'without consideration'.
The right of the payee may depend upon facts and circumstances of the case.
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