File a case under PI Act and ask court to declare you as insolvent.
Hi.. Recently I got a Lawyer Notice Saying that I owe an amount to somebody I do not know followed by a Court Notice on the same subject. Neither me or my family has taken Loan from the said gentleman whom none of us know even personally. Post my father's death I was expected to get some financial help from one of my uncle and my mother had signed a Blank Paper some 5 years back as instructed by my uncle but never the Financial transaction took place and my mother forgot to collect the signed sheet from her brother. The Current legal notice pertains to a period in 2017 only. We have not yet seen the Promissory note as declared in the Legal Notice. I suspect the Blank sheet signed by my Mother in 2012 may have been misused by my Uncle and used some one as a Proxy or the said Promissory Note is a Forged Document.Your expert guidance will be appreciated..
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File a case under PI Act and ask court to declare you as insolvent.
Get appoint an advocate and get all the documents from the Court and then your advocate will take appropriate defense in consultation with you. Without knowing their case you cannot assume and presume the case and ultimately you will suffer a decree for recovery of money. Be aware the money suits will be decreed without any mercy as Promissory Note have presumption. You should not admit the signature in the reply notice on the promissory note. If you pursue the matter carefully with the help of advocate you will be out of danger.
Section 118 in The Negotiable Instruments Act, 1881
118 Presumptions as to negotiable instruments. —Until the contrary is proved, the following presumptions shall be made:—
(a) of consideration —that every negotiable instrument was made or drawn for consideration, and that every such instrument, when it has been accepted, indorsed, negotiated or transferred, was accepted, indorsed, negotiated or transferred for consideration;
(b) as to date —that every negotiable instrument bearing a date was made or drawn on such date;
(c) as to time of acceptance —that every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity;
(d) as to time of transfer —that every transfer of a negotiable instrument was made before its maturity;
(e) as to order of indorsements —that the indorsements appearing upon a negotiable instrument were made in the order in which they appear thereon;
(f) as to stamps —that a lost promissory note, bill of exchange or cheque was duly stamped;
(g) that holder is a holder in due course —that the holder of a negotiable instrument is a holder in due course:
Provided that, where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.
Central Government Act
The Negotiable Instruments Act, 1881
4. “Promissory note”.—A “promissory note” is an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument. Illustrations A signs instruments in the following terms:—
(a) “I promise to pay B or order Rs. 500.”
(b) ‘‘I acknowledge myself to be indebted to B in Rs. 1,000, to be paid on demand, for value received.”
(c) “Mr. B. I.O.U. Rs. 1,000.”
(d) “I promise to pay B Rs. 500 and all other sums which shall be due to him.”
(e) “I promise to pay B Rs. 500 first deducting there out any money which he may owe me.”
(f) “I promise to pay B Rs. 500 seven days after my marriage with C.”
(g) “I promise to pay B Rs. 500 on D’s death, provided D leaves me enough to pay that sum.”
(h) “I promise to pay B Rs. 500 and to deliver to him my black horse on 1st January next.” The instruments respectively marked (a) and (b) are promissory notes. The instruments respectively marked (c), (d), (e), (f), (g) and (h) are not promissory notes.
CIVIL PROCEDURE CODE, 19808
Order 12 Rule 6. Judgment on admissions.- (1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the court may at any stage of the suit, either on the application of an party or of its own motion and without waiting for the determination of any other question between the parties, make such Order or give such judgment as It may think fit, having regard to such admissions.
(2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn up in accordance with the judgment and the decree shall bear the date on which the judgment was pronounced.
1) If you feel that this is forged documents than you can give complaint under sections 420 IPC and Sections 17 & 18 of the Indian Contract Act, 1872.
420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Sections 17 & 18 of the Indian Contract Act, 1872.
"Fraud is a deliberate misstatement of a material fact. ... Fraud is done to deceive the other party, but Misrepresentation is not done to deceive the other party. Fraud is defined in Section 17 and misrepresentation is defined in Section 18 of the Indian Contract Act, 1872."
Engage a local lawyer and reply to legal notice
2) deny allegations made in the legal notice
3) call upon Lawyer to forward copy of documents relied upon in the notice
You kindly rebutt all the statements made in legal notice and kindly seek strict proof of the promissory note also along with denying all the allegations and validity of such promissory note.
As a promissory note is a instrument it is treated as valid till it's validity is not specifically challanged. Kindly file complaint of fraud cheating forgery on said person if you suspect that it is a forged promissory note the.police shall investigate to the effect.
Even if your mother signed it you don't directly receive notice to that effect.
If they have misused a blank note of 2012 please note that limitation to recover money by filing a suit is 3 years as such they can't claim any a mount based on five year old document. If you people do not have knowledge of any such pro note being executed in 2017 send a reply notice to them stating that if any such document produced by the opposite party it may be through forgery and you will initiate action against him.
It would be in the fitness of things that you reply to this legal notice, denying each and every allegation levelled against you.
Send this reply through a lawyer.
Hi, if the transaction never happened then there is nothing to worry , neither he will be able to proove it before court .. It is advisable to send a reply to thier legal notice .. You can contact me in person for reply to the legal notice
You are suggested to apply the certified copy of the documents from the court where case is pending and then confirm the authenticity of the same. You are also suggested to represent your case strongly to the court and get out of the problem.
You give a reply notice by strongly refusing the liability or even the knowledge of the person who is reported to have advanced the said loan.
You can challenge the same in court of law properly.
If you have got the notice you need to appear in the court along with your advocate to know the actual position of the claim definitely in the notice you have got the party name that who has send the notice after checking all the documents you need to add act as the situation demands.
Thanks a Lot. I have received the Certified Copy of the Promissory Note. The Promissory Note is a Proper One but it was definitely not signed by my Mother. The Signature on Promissory is similar. What will be the best way to move forward. If Signature Verification can be done by Court ?
File police complaint of forgery , cheating against Said gentlemen as your mother signature is forged
2) enclose copy of handwriting expert opinion that mother signature is forged
3) send reply to legal notice denying allegations made
You can challenge the promissory note in the court during trial proceedings.
She can very well deny her signature and can even file an application for referring the promissory note for comparing her signature through handwriting experts under section 45 of Indian evidence act.
She can deny the knowledge of the person who holds the promissory note and can examine the author and the attesting witnesses about the genuineness of the said document.
First get private report from handwriting expert in your favour stating that the signature on such promissory note is forged one. Thereafter file an application under Order 26 Rule 10A which is as follows:
10A. Commission for scientific investigation.- (1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the court, be conveniently conducted before the court, the court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the court.
(2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
Further please informed that the Trial Court may reject such application and he have to challenge such orders before High Court then only you will get success. The Trial Court has wide powers under section 73 of Evidence Act, the description is as follows:
Comparison of signature, writing or seal:
When there is a dispute as to genuineness of signature, writing or seal pending before the court, Section 73 will apply. According to the section the court can compare the disputed signature, writing or seal with undisputed signature, writing or seal which have been admitted or proved to the satisfaction of the court. This section provides for a direct method of comparison of the disputed signature, writing or finger impression. In deciding a dispute whether a particular writing, signature or seal is of a particular person by whom it purports to have been written or made, the court can compare the same with other writing, signature, or seal which have already been admitted or proved to be the writing or signature or seal of that person. “It is necessary that the writing to be used as a standard should be properly proved to the satisfaction of the judge to be the handwriting of the person concerned”. In such situation the rule of prudence is that the comparison of signature by courts as a mode of ascertaining the truth should be used with great care and caution.
Challanged the validity of promissory note before the court and through application request for verification of said signatures then court shall appoint hand writing and signature expert to verify the signature from other signatures.
Since in your case only legal notice is issued reply the legal notice that signature are forge and also file a criminal complaint om said person for forgery and cheating.
Signature verification can be done by court if they file a case file an application for appointment of commissioner to conduct the examination of signature by forensic expert.
On other hand lodge a police complaint before they file a suit for recovery of money for fraud, cheating and forgery.