Legal Question in Criminal Law in India

Forgery

I received a SBI DD from one of the unknown customer. I deposited it in my Federal Bank which is cleared and I withdrew the money by cheque. After receiving the money I delivered the goods. After 4 months bank filed a case against me. Police finished the investigation and found nothing against me except I have taken the money from the bank. They have charged me under section 120, 420, 467, 468, 471. I heard that under Indian Evidence Act, recovery of stolen goods from any person is not sufficient to convict him; prosecution must prove that the person has stolen the goods or at the time of accepting he knew that the good is stolen. Can you please help me by telling me that is there any law like this or not? If tell me what exactly the law says, if there is any such law exists.


Asked on 7/14/07, 4:52 pm

5 Answers from Attorneys

Re: Forgery

The sections mentioned by you are for cheating/forgery/forging a document/forging a signature etc..The query as made by you falls u/s.411 I.P.C.As SUCH THERE IS NO LAW IN EVIDENCE aCT AS ALLEGED BY YOU.eVIDENCE aCT DEALS WITH ways by which any matter/evidence is proved.AS per law prosecution must have to prove that the goods were stolen properties and the same was in your possession and was recovered from you.For rest details are required.

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Answered on 7/14/07, 7:21 pm
Alok Sharma Alok Sharma & Associates

Re: Forgery

You do not want to disclose all details even to lawyer. What advise you expect.Sorry.

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Answered on 7/15/07, 12:15 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Forgery

What you heard is correct. However, since police have already charge sheeted you, now it is for the court concerned to look into the matter and pass appropriate orders. However, it appears that police have charged you for conspiracy that means that you and your customer have conspired for the forgery and cheating.

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Answered on 7/15/07, 1:38 am
mrugank patnaik msnp

Re: Forgery

criminal intention is important.cooperate with investigation.let the truth prevails.

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Answered on 7/15/07, 6:30 am
G. M. Gupta gmguptaandassociates

Re: Forgery

sections u mentioned are regarding cheating, forgery etc

but u are asking about stolen goods. so it is advisable to contact personally to have detailed consultation.

you are correct upto some extent regarding evidence.

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Answered on 7/17/07, 2:44 pm


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