LegalCrystal – Blog

Dear Readers,

Today I would like to focus your attention to various types of ‘Forgery’ that take place. And also I would like to alert you and caution you of the consequences. Whoever makes any false documents or false electronic record or part of a document orelectronic record, with intent to cause damage or injury to the public or to any person,or to support any claim or title, or to cause any person to part with property,or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits - “FORGERY” -SECTION 463 -IndianPenalCode.

MAKING A FALSE DOCUMENT: A person is said to make a false document or false electronic record -

I – who dishonestly or fraudulently :

• • makes, signs, seals or executes a document or part of document.
  • makes or transmits any electronic record or part of any electronic record,
  • affixes any digital signature (Electronic Signature) on any electronic record,
  • makes any mark denoting the execution of a document or the authenticity of the digital signature,

with the intention of causing it to be believed that such document or part of document, electronic record or digital signature (Electronic Signature) was made,signed,sealed, executed,transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed,executed or affixed or

II - Who, without lawful authority, dishonestly or fradulently,by cancellation or otherwise, alters a document or an electronicrecord in any material part thereof, after it has been made, executed or affixed with digital signature either by himself or byany other person, whether such person be living or dead at the time of such alteration,or
III- Who dishonestly or fraudulently causes any person to sign, seal,execute or alter a document or an electronic recorder to affix his digital signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot or that by reason of deception practiced upon him, he does not know the contents of the document or electronic record or the nature of the alteration.

A MAN’S SIGNATURE OF HIS OWN NAME MAY AMOUNT TO FORGERY!
For Example:

1. 1. A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed “FORGERY”
   2. A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z executes a lease of the estate to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, Commits ‘FORGERY’.

MAKING OF A DOCUMENT IN THE NAME OF A FICTICIOUS PERSON -

intending it to be believed that the document was made by a real person, or in the name of a deceased person,intending it to be believed that the document was made by the person in his lifetime,may amount to “FORGERY”.for example: A draws a Bill of Exchange upon a fictitious person,and fraudulently accepts the Bill in the name of such fictitious person with intent to negotiate it. A commits “FORGERY”.

TYPES OF FORGERY :

• • Forgery of record of Court or of Public Register etc.
  • Forgery of valuable security,Will etc.
  • Forgery for purpose of Cheating
  • Forgery for purpose of harming reputation
  • Using as genuine a forged Document or Electronic Record
  • Making or Possessing Counterfeit Seal etc. with intent to commit forgery
  • Making or Possessing Counterfeit Seal, etc.,with intent to commit forgery
  • Having possession of Documents knowing it to be forged and intending to use it as genuine.
  • Counterfeiting device or mark used for authenticating documents, Possessing Counterfeit marked material.
  • Fraudulent Cancellation, destruction, etc. of Will, authority to adopt, or valuable security.
  • Falsification of Accounts.

SECTION 465 IPC – PUNISHMENT FOR FORGERY:

Whoever commits forgery shall be punished with imprisonment of either description(Simple or Rigorous imprisonment) for a term which may extend to Two years or with Fine or with both.

“IGNORANCE OF LAW IS NO EXCUSE”

BE AWARE AND ALERT!

For any further information you may kindly contact me.

Useful Links:

• • wwwforgeryfinder.com

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Dear Readers,

Like Hospital Service/Telecommunication Service Police Force is also Public utility Service provided by Government for Public Safety and Peace. You need not get alarmed just by the word “Police” & “Police Station”. I want everyone to know the basics of formation and working of police force and the responsibilities and obligations of a Police Officer and also the people should not hesitate or apprehend to approach the Police. One golden word I would like to share here is that “Nobody is above law” – “All are equal under Law” whether he is a Police or a Common man. Even Police Department works systematically according to set rules and regulations of the Government.

First people should know the Grades/Ranks of the Police Officer to whom they have to approach in a particular situation – for that the people should know some basics of rules/regulations/power assigned etc. of the concerned Police Officer.

In case the particular Officer refuses/rejects the requisition/Complaint made – people should know the next recourse to act immediately without getting panicked!

I wish – let Police Officer who interact day to day with public be more sensitive/humane to genuine problems/Complaints of the Public. Let HONESTY AND INTEGRITY prevail in every step of handling each and every case by the Police Officer.

My below writeup is based on Karnataka Police Act -India – For information of the subject concerning different states in India and other Countries abroad – kindly visit the Links I have attached. Here in my writeup I have given only few selected information and necessary sections which a person ought to know to exercise his rights and protect his interest. Though the writeup is little bit elaborate its worth reading because it gives a person an awareness of his rights and the ways and means of approaching or at the most it is definitely gives a person an enlightened approach to deal with certain situation in life.

There shall be one Police Force to the Entire State :

• • For the direction and supervision of the Police Force, the Government shall appoint an INSPECTOR GENERAL OF POLICE(IGP) who shall subject to the control of the State Government exercise – such powers and perform such functions and duties and have such responsibilities and such authority as may be provided by or under this Act.

• • The Government may appoint such number of DEPUTY INSPECTOR GENERAL as it may deem fit and also by a general or special order direct that the Deputy Inspector General shall assist and aid the Inspector General in the performace, exercise and discharge of his powers,functions, duties, responsibilities and authority in such manner and to such extent as may be specified in the order.

• • COMMISSIONER: The Government may appoint a Police Officer not below the rank of a Deputy Inspector General of Police to be the COMMISSIONER of Police for the City of Bangalore or any other area specified in a notification issued by the Government in this behalf and published in the Official Gazette.

Dear Readers,

CHEQUE GOT BOUNCED/DISHONOURED?

ACT IMMEDIATELY!

ITS A CRIMINAL OFFENCE COMMITTED BY THE DRAWER OF THE CHEQUE!

Once you get confirmed that you will not realise/receive the money from the Drawer you can proceed with legal proceedings initiating a criminal proceedings against the Drawer.

Pre-requisites to file a Complaint:

1. There should be a Cheque issued in discharge of an enforceable debt or liability.

2. The Cheque should have been presented to the Bank within six months from the date on which it is drawn.

3. The Cheque should have been returned unpaid (DISHONOURED) for insufficiency of funds or due to the Cheque Amount exceeding the amount arranged to be paid to the Account with the Bank or as per the stop payment instructions issued by the drawer to the Bank.

4. A Demand should have been made for the payment of the amount of the Cheque by a written notice to the drawer within thirty days from the receipt of information by the payee or holder in due course from the Bank regarding the unpaid Cheque.

5. The drawer of the cheque should have failed to make the payment of the money to the payee or the holder in due course within fifteen days of the receipt of the notice demanding payment.

Section 138 of Negotiable INstruments Act says :

Where any Cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeding the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an Offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may be extended to

Two years or with fine which may extend to Twice the amount of the cheque or with both.

The Provisions were incorporated by Legislature with a view to encourage the culture of use of Cheque’s and enhancing the credibility of the Instrument.

TIME FRAME PRESCRIBED TO FILE A COMPLAINT U/S 138 N.I.ACT:

1. The period for sending notice demanding payment is to be reckoned from the date of receipt of Intimation of Dishonour on the last presentation of the Cheque to the Bank i.e.- within 30 days from the date of receipt of Intimation of dishonour from the bank.

2. The payee or the holder in due course who issued a notice, on the failure of the drawer to make payment has to wait for fifteen days from the date of receipt of notice by the drawer. If Cheque amount is not paid within this period – On the 16th day, the right to file Complaint arises for the Complainant, but within one month from the said 16th day complaint has to be filed.

OTHER USEFUL TIPS to A HOLDER OF DISHONOURED CHEQUE:

1. It shall be presumed that holder of Cheque received it for discharge ofdebt/liability unless the contrary is proved. – Section 139 of N.I.Act

2. It shall not be defence in the Offence that drawer had no reason to believe when he issued the Cheque that it may be dishonoured – Section 140 – N.I. Act.

3. If person committing Offence u/s 138 is Company, every person who at the time when the Offence was committed was in charge of/responsible for conduct of business as well as the Company shall be deemed to be guilty of Offence and shall be punished accordingly.

- Section 141 – N.I. Act

The Complaint cannot be quashed on the ground that the accused persons at the time of offence were not in charge of or responsible to the Company for its conduct.

4. When a notice is returned by the sender as unclaimed such date would be the commencing date in reckoning the period of 15 days.

5. An Offence in terms of Section 138 of the Act is committed even if the cheque is returned on the ground of closure of Account.

6. There is no restriction regarding the number of times a Cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing Complaint.

7. No Court shall take cognizance (take into account/register) u/s 138 except on written Complaint made by Payee or holder in due course, such Complaint is to be made within prescribed time to a Metropolitan Magistrate or judicial Magistrate of First Class – Section 142 – N.I.Act

For any further details feel free to contact us.

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Dear Citizens,

In Indian Penal Code Number of Punishable Offenses are listed as well as the punishments. But here I would like to bring to a Common man’s kind attention crimes which take place around us And many a time the law abiding citizens he/she being unaware of the legal remedy or fearing legal struggle – the criminal is left Scott free.

To-day I would like to discuss with you about “CHEATING” – Legal implication/Legal Requirement etc. etc.

To bring transparency or to have an orderly and safe Society – Citizens should be AWARE – AROUSE and ACT!

According to Section 415 IPC CHEATING means – Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “Cheat”.

A dishonest concealment of facts is a deception within the meaning of this section.

If you are Cheated kindly check the following aspects carefully :

To hold a person guilty of cheating as defined under section 415 IPC, it is necessary to show that he/she hadfraudulent or dishonest intention at the time of making the promise with an intention to retain the property. In other words, section 415 of the IPC which defines cheating requires:

• • Deception of any person/Inducing that person to :

• • Deliver any property to any person or

• • To consent that any person shall retain any property or

• • Intentionally inducing that person to do or omit to do anything which he would not do or omit if he/she were not so deceived and which act or omission causes or is likely to cause damage or harm to that person, anybody’s mind, reputation or property.

Crime is an Offence against State – (against Society.)

Citizens can initiate Criminal Proceedings against the Offender by giving Complaint to the jurisdictional Police/Magistrate. Its a legal obligation on the part of a Citizen to give genuine Complaint.

In India its a big taboo if a citizen initiates criminal/civil proceedings!

In many a cases for the shame of having deceived people will not come out with the decision of approaching Court of Law. Mind it so far a law abiding citizen feels its a shame to approach Courts for remedy the Offender will not get ashamed of his Acts. initiating Legal proceedings is a Legal Obligation to get Legal Remedy.

To have an Orderly and Safe Society the Offenders are punished byImprisonment or Fine or both or with Death penalty /Life Imprisonment in several Offences. (For Juvenile Offenders - Counseling done during imprisonment.)

For monetary loss / loss of property suffered by the citizens, they can also approach ( in addition to Criminal Court) various Forums like Consumer Grievance Redressal Forums, Civil Courts etc. Along with the Criminal Case they can also file a Civil case for the loss suffered.

Examples of Cheating :

• • A, by pledging as diamond articles which he knows are not diamond, intentionally deceives , and thereby dishonestly induces z to lend money. A Cheats.

• • A, by exhibiting to z a false sample of an article, intentionally deceives z into believing that the article corresponds with the sample, and thereby dishonestly induces z to buy and pay for the articles. A Cheats.

• • A, by putting counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonesty induces Z to buy and pay for the article. A Cheats.

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