• What is the difference between forgery and suspected forgery

A bank drafat was lost and tried to misuse it...it was returned saying forgery suspected....they could have written it is forged draft...but the officer mentioned it as suspected forgery...hand writing expert says no opinion can be formed....so actually nobody knows who forged it....nobody confirms it is forged...only suspected...so so can IPC 467 and 420 be slapped on person who presented the draft
Asked 11 days ago in Criminal Law from Cochin, Kerala
Religion: Hindu

You may file for theft and other section as well

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

No case of forgery is made out 

 

2) hand writing expert opinion is inconclusive 

 

3) police would await option of forensic lab to file FIR of forgery 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Judgments depend upon facts of each case 

 

in your case there is no evidence of forgery 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

1.  Bank Draft forgery can be verified from the Original Bank who issued the Draft. "suspected forgery" is not an offence and the officer can only form an legally non-prosecutable opinion. The final expert on this would be a written report of the Forensic Lab.

2. Forgery would mean that the Draft Paper is false, the Hand writing (words, figures, party name, signatures are forged) and all this things can be verified only from the Draft Issuing Bank.

3.  IF forgery /fraud is established, ONLY then the draft depositor (a/c holder) can be liable for criminal prosecution, that too only by the issuing bank.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

if the Bank Draft was lost and any complaint in this regard was filed by the owner of the draft before bank and police and the person who present the draft before the bank is not the person in whose name the draft was issued than he commits an offence of attempt to commit misappropriation with 420 of IPC has been made out.

Nadeem Qureshi
Advocate, New Delhi
5333 Answers
257 Consultations

4.9 on 5.0

The forensic expert can check for the validity of the draft.and in case it is forged.the issuing bank has to verify same.

See if there is no strict proof they cannot conclude is forgery and on just suspision of forgery no case is made out.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

That a close scrutiny of the provisions makes it clear that, Section 463 defines the offence of forgery, while Section 464 of IPC substantiates the same by providing an answer as to when a false document could be said to have been made for the purpose of committing an offence of forgery under Section 463. That Section 464 of IPC defines one of the ingredients of forgery i.e. making of a false document. Further, Section 465 of Indian Penal Code provides punishment for the commission of the offence of forgery.

 

Now first you have scrutinize that whether really a documents is forgery or suspected means have suspect's doubt in the document whether it's forgery or not. So one needs to prove first this and check from all aspects.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

I can provide you supreme court decision.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

You can file for forgery in court and if you have evidence can prove the same

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Dear Client,

Forgery includes false document, signature, or other imitation of an object of value used with the intent to deceive another.

Person who commit forgery are often charged with the crime of fraud.The most common form of forgery is signing someone else's name to a cheque.

 

Jaswant Singh
Advocate, Gurugram
576 Answers
2 Consultations

4.8 on 5.0

Sec 511 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Simply falsifying a letter or document does not constitute forgery unless the person does so in attempt to defraud a person or entity. 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

Forgery is transfer of property by misrepresentation.

And suspected forgery is that they have denied the transaction due to suspected forgery and it doesnt attract charges of forgery because there no transfer of money took place. 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

A complaint can be lodged with the concerned police station about this.

Suspicion about the forgery itself is a strong ground for lodging a criminal complaint.

You may proceed with the complaint.

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

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