Cheque issuer dies nd legal heir Lodge 420 against cheque holder
A cheque was issued to by one of our uncles while he was admitted in hospital and he passed away after 15 days of clearing of cheque.
His estranged wife has refused to honour the exchange and lodged FIR [deleted]b charging the receiver of cheque of fraud nd forgery on the ground that the original FDs which were broken in the account of her husband and previous cheque book lies with her(she got it after his death from his closet etc.)
She accuses the receiver of forging his husbands signatures to write a letter to bank to break the FDs and issue a new cheque book to take the money.
This whole breaking of FDs and new cheque book issued was done by the PA of the issuer. She has accused the PA also of fraud and conspiracy. The bank manager admits to receiving call from the account holder and his instructions to break the FDs and issue new cheque book to his PA who will come with his authority letter. But the police has filed a chargesheet in Court because the forensic report says the signatures on cheque don't match with admitted ones. (ignoring the fact that the man was critically ill while signing nd admitted sample was when he was healthy)
The PA(Co accused) agrees to issue of letter by account holder and handing over of cheque book to him.
Bank manager agrees to receiving call from account holders mobile no. And instructions given to do so.
Receiver of cheque/money has SMS from issuer registered mobile no. About the whole transfer mentioning to come and collect the cheques from him as he is not well.
Can this case be quashed and the accused be discharged?