Legal Question in Criminal Law in India

sec420

In a excise auction the instruction is to submit a draft favouring excise commisioner ,X (where X is the name of a state).But Mr.A gave a draft favouring Excise Commisioner,Y(X) where Y is te capital of the state X.But there is no Commisioner for the city Y its for the entire state X.The Draft was returned dishonoured as it was a forged one.ThE questions are:

a.Can the Excise commisioner accept the draft as it is favouring a non existent official

b.Thereby Can he file a criminal complaint against the presenter of the draft whwn its returned unpaid.

The cheque is crossed not negotiable Account Payee.


Asked on 9/29/08, 12:44 pm

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: sec420

Yes, the State can. It was duty of the auctioner to make payment and ensure that the draft was properly and validly made. You should make the payment now with a letter of apology.

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Answered on 9/29/08, 6:28 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: sec420

Yes

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Answered on 10/03/08, 10:41 am
Shrichand Nahar S.V.Nahar, Advocate

Re: sec420

Payee appears to be Excise Commissioner, who is a Central Govt official and subsequent mention of State of City may not be relevant.

Action has to be taken in respect of a forged document coming to knowledge of any Govt Official.

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Answered on 9/30/08, 4:21 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: sec420

the mixed facts are involved to simplify the forged instrument can well be given to Court and seek appropriate orders . Further the case u/s 420 is well possible

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Answered on 9/30/08, 9:57 am


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