findings of the Courts below that the documents in question are, forged instruments and fall within the definition of false documents under Section
Misappropriation and criminal breach of trust.
b. Fraudulent encashment through forged
Instruments, manipulation of books of account or
16
through fictitious accounts and conversion
2000/- contained
fake signature of the depositor which was forged by Shri S.
Pradeep, Messenger-cum-Sweeper of Arkalawadi Branch in
consonance with the conspiracy ... falsified cheque affixing his
signature on the reverse of the forged instrument for having
received the proceeds of the cheque.
CHARGE NO.5:
In spite
judicially adjudicated and
declared, and a mere cancellation of an instrument
would not achieve the object. Section 42 of the
Specific Relief Act would apply ... benamidar, etc. This right has also
been recognised in respect of forged instruments
which could be cancelled by a party on whose behalf
complainant/Bank in order to borrow
loan amount by creating forged instruments and used such
plaintiff - Bank to look into the genuineness of
their instrument.
The defendant No.1 - collecting Banker further
contended that it received a letter dated ... appellant in the context of collection of the
money against the forged instrument only on
the basis of the fact that there had been
negligence
findings of the Courts below that the documents in question are forged Instruments and fall within the definition of false documents under Section
found in
4
possession of the petitioner or that he was instrumental
in forging the said permit.
5. Learned Addl. SPP is also unable ... instance of the petitioner or
that he was instrumental in forging the said permit.
5. In that view of the matter, there being no prima
minor, an
idiot, or lunatic.,
(b) that the instrument is forged;
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NC: 2024:KHC-D:228
WP No. 106890 of 2023
(c) that ... under Sub-Rule (ii) of Rule
73 is that, if the instrument is forged it may be
attracted.
7.6. In the present case, since
notice of the second
respondent that the sale deed was a forged
instrument. Therefore, the second respondent
lodged an FIR with the police