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?


Asked on 6/25/09, 6:23 am

4 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: negotiable instrument act

Yes

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Answered on 7/02/09, 3:12 am

Re: negotiable instrument act

plz provide more detail.

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Answered on 6/25/09, 7:28 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

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

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Answered on 6/26/09, 12:13 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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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Answered on 6/25/09, 10:18 am


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