Evidence of Forged Cheque: Civil or Criminal Remedy?
evidence clat_pg beginner case_analysisArun, a business owner, received a cheque from his friend, Rohan, in settlement of a loan. However, it was later discovered that the cheque had been forged and was issued by Rohan's brother, Karan. Arun's bank has returned the cheque and refused to pay. As a result, Arun has to file a suit to recover the loan amount. But now he's confused - can he go for a civil remedy (suit for recovery of debt) or a criminal remedy (for the forgery of cheque), or maybe both? Under the Evidence Act and the Negotiable Instruments Act, what are the legal implications and remedies available to Arun in this scenario?
3 Comments
Mere kya kahenge! I think ek cheque forgery ka case civil mein nahi chal sakta, criminal mein hi aana chahiye. Section 464 IPC ko dekho, yeh kheenchta hai ki jo person apne nam ka cheque uska naam liya karta hai, woh cheater hai aur usko 7 saal tak ki jail ki szaa milegi. Civil remedy to phir kya?
Yaar, the question is not just B/W civil and criminal remedy but also about the type of relief needed. If the cheque bounced, and you want the amount plus damages, civil remedy is the way to go. But if the forgery is done to cheat you, then a criminal case for forgery is better. Think about the goal of your lawsuit before deciding.
Ye dono cases mein difference hai. Civil remedy ke liye, forgery ka proof nahin paane par cheque bounce kae notice ka reply date ke baad deposit karna sufficient hai. Lekin criminal remedy mein sabse kam se sabse kam 1 lakh rupaye ke forgery ke proof ke sath hi koi case chal sakta hai. Iska mukhya vishay hai koshish karte samay kis tarah se dhokha kiya gaya hai.