Claiming forged stamp paper in defence in cheque bounce case under Section 138

[Anonymous]

In a cheque bounce case that my client has filed, the accused has filed a false or forged stamp paper in his defence. This paper purportedly shows that the said cheque was given to my client only as a security and also that this (undated) cheque could not be deposited in bank at least for two year. The accused is trying to show that the cheque as towards security and my client could not have deposited it at least for another two years. The said stamp paper allegedly has signature of my client, which my client denies to his signature. My client says that the above stamp paper is a forged document and that it was never prepared or signed by him. What can be done in this situation? Request you please to reply urgently as the matter is likely to be listed in two weeks in court.

[Dr. Ashok Dhamija]

If your client says that it is a forged stamp paper and that his signature on the said paper is forged, then it is a serious issue of submitting a forged document to the court, which is an offence.

In such situation, you should request the court to send the said stamp paper for examination by the forensic experts / handwriting experts. If this document is found to be forged, not only will this document (which represents the defence of the accused) be not taken on record as a valid piece of evidence, it will also lead to prosecution of the accused for submission of a forged document in evidence and using a forged or false document in evidence, which are defined as offences in the Indian Penal Code [such as, one or more of the offences under Sections 193 to 196 thereof].

     

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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.

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