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Forgery In Cheque Dishinour Case Innyear 2010
14-Aug-2023 (In Cheque Bounce Law)
We had filed cheque bounce case under section 138 in year 2010. Then accused did forgery in juicicial record. For that we mived an applixation under section 340 Crpc. But later on case was withdrawn due to Mou signed between both the parties. Can we again reopen this case of firgery against the accused now
if there is any violation of the terms and conditions of the MOU then there is a chance you might be able to reopen the proceedings.
I'll have to go through the contents of the case as well as the contents of the MOU in order to assist you in a more efficient manner
for further queries please feel free to contact
I'll have to go through the contents of the case as well as the contents of the MOU in order to assist you in a more efficient manner
for further queries please feel free to contact
Helpful?
Adv. Kartik Krishan Sood
Delhi | 200+ Answers
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Hi, recently the MPHC has held that if the false statement has not impacted the outcome of the case (as it is in this case has since the case was settled by mutual understanding and assuming there was no coercion), Section 340 cannot be invoked.
However, it is also pertinent to mention that the language of section 340 CrPC makes clear that the court is not bound to make a complaint basis such application. Thus since this is at the court’s discretion you need to have a strong prima facie case. Alternately a police complaint may be filed for offences of forgery and perjury.
Please contact me for further assistance.
However, it is also pertinent to mention that the language of section 340 CrPC makes clear that the court is not bound to make a complaint basis such application. Thus since this is at the court’s discretion you need to have a strong prima facie case. Alternately a police complaint may be filed for offences of forgery and perjury.
Please contact me for further assistance.
Helpful?
Adv. Kunal Srivastava
Delhi | 100+ Answers
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Hi
In case the MOU was signed after filing of the case and it was filed as a settlement then you will need to sue the person again for CBOT and proceed with other civil and criminal remedies. Seems to be an attempt to defraud you of the money.
In case the MOU was signed after filing of the case and it was filed as a settlement then you will need to sue the person again for CBOT and proceed with other civil and criminal remedies. Seems to be an attempt to defraud you of the money.
Helpful?
Adv. Abhinav Sharma
Delhi | 500+ Answers
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