Legal Question in Criminal Law in India
lamination and de-lamination of original document
There was 5 complaints u/s138 NI act arose from a loan given in 2000 repayable in 24 instalments. On 02.01.2002 the accused gave Rs. 45000/- to the employee of the financer private limited. That employee gave him a receipt for Rs. 45000/- on a simple paper, because at that time he has not any printed receipt book with him, but he wrote amount only in figure and not in words. Employee deposited Rs. 45000/ in the company on 02.01.2002 itself. After a long time during trial in may 2007, accused gave an affidavit in which it is written that I gave Rs. 145000/- on 02.01.2002 which is exihibit D1. But there was no receipt. After passing three hearings dates for producing receipt, on 07.07.2007 accused produced the said receipt by puting 1 and a coma (,) before 45,000/- by forging it into 1,45,000/- and said receipt was laminated also by the accused. Complainant want to get it examined by hand writing expert. Should a laminated original document be accepted by court and if yes, can it be de-laminated? Any other remedy to prove trueness of the receipt in the court? we came to know that accused was not paying loans he has taken from nationalised banks also.
2 Answers from Attorneys
Re: lamination and de-lamination of original document
Nicely worded query of Mr.Mittal, but already replied telephonically
Re: lamination and de-lamination of original document
i am not sure but i think that delamination is possible but it depend on paper too.
laminated docs are admitted in the court.
handwriting expert will still be able to find the difference. you can go for a scientific test on the paper. i am not able to recall the name of the test but it is able to prove the change in the figure.
For further and detailed advice please contact me personally. Consultation charges will apply.
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