Cheque bounce in case of forged cheques.

Tilak Marg Forum for Legal Questions Forums Criminal Law Cheque bounce in case of forged cheques.

Tagged: 

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 3 weeks ago.

  • Author
    Posts
  • #5378

    My CA forged my cheques and distributed to unknown persons.one of them filed a case under 138NI Act in court to recover 3 lacs for which he has submitted the account statements showing his transfer of fund in my current account.
    During cross examination he has accepted that cheque in question was handed over to him by CA.He also agreed that accused is not known to him,he doesnt even remember when amount was transferred. He mentioned complaint about friendly loan.will I be convicted or acquitted

  • #5409

    As mentioned in our Forum guidelines, it is not possible to answer question on detailed facts of a case since the detailed facts are not before us.

    That said, the result of a case depends on various factors, including the overall reading of the evidence.

    You have said that your CA forged the cheques, but have you got evidence of forgery of cheques by getting them examined through the scientific experts?

    If you can prove the above fact, then you can take advantage of the opening line of the definition of offence under Section 138 of the Negotiable Instruments Act, saying: "Where any cheque drawn by a person on an account maintained by him with a banker…". So, in that case, you can say that you did not draw the cheque and that it was forged by your CA.

    The law also requires that the cheque should have been given "for the discharge, in whole or in part, of any debt or other liability". You have mentioned that the complainant has shown proof of amount transferred to your current account. But, you have not clarified as to whether you accept this version and also whether this was on account of a loan given to you or your company. Now, even if it was a friendly loan, it is still a loan. So, the burden is on you.

    If the accused is not known to the complainant, then why did he transfer the amount to the current account?

    So, there are many questions that have to be considered. Please consult your local lawyer for more guidance on your case.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

You must be logged in to reply to this topic.

You may also like to read these topics:

Check bounce appeal - how much amount to be deposited?
Cheque bounce jurisdiction issue when cheque is bounced at a third place?
After cheque dishonour, amount paid to party, can he still file S. 138 case?
Client closing bank account and intimating, can company present cheque in bank?

Facebook Comments

[Note: For a free legal question with your Facebook login, click here.]