July 8, 2014

Undated Cheques given : Creditor fills up date : Cheques dishonoured : Now What ? NI Act will apply? Forgery?

The law of forgery is like this : If someone makes alteration in any valuable security or documents..with a view of getting monetary benefits... Then ...He commits crime of forgery...


A takes a loan from B.

A gives to B some cheques as security.. The dates in cheques is left blank...

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After some time, A fails to pay back full loan. Though he has made some part payment.

B fills up date, deposits cheques in bank.

Cheques are dis honoured because of insufficient balance..

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A & B both go to lawyers

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1.........B files a case on A under Sec.138 of Negotiable Instrument Act...

2.........A files a case on B, alleging that B committed forgery by making alterations in undated cheques by putting date on in them...

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Both of them are prosecuting each other in criminal law... Both of them want each other to go to jail.....

Now what ?


Thinking......


How Judges will do justice in such cases ?


I am still thinking......

Haresh Raichura
07/07/2014