said to have been signed by
the appellant was brought by forged instrument or not. After
setting aside the finding of the trial Court ... other hirer to take a
false plea that instruments of re-possession by the financier are
forged and scuttle the process of realization of moneys
instrument was void for matter apparent
upon the face of it, there was no call to exercise the
jurisdiction, with the possible exception of instruments ... delivered up and cancelled. The relief
extends to a forged instrument, and also to one
originally valid but which has subsequently forged.
The Chapter applies
doctrine of Indoor Management has no
application to fraud and forged instruments as they are simply null and
void. Similarly a Division Bench of Patna
offence under Sections 138 , 141 and 142 of Negotiable Instruments Act, since as per the contention of the complainant, the cheque given by the accused ... such, he had committed forgery. Further, he had also created the forged instrument, viz., cheque and therefore, the accused is punishable under Section
Final Report. The case relates to preparation of a forged
instrument in respect of property belonging to the defacto
complainant.
2. The de-facto complainant
such a materially altered cheque. According to
them it is a forged instrument. It was further contended that
the plaintiff and Mr.Murugan had certain ... learned counsel appearing for the
defendants that the cheque is a forged instrument and it is
materially altered and the suit not being based
issuing Bank who declared the said demand
draft as a forged instrument. In the
meantime prior to sending the demand draft for realization said Shri ... Bros., payable at Surat, on introducing the original demand draft was forged
instrument issued the instructions to stop payment of `2,00,000/- payable
instrument is the legal authority or mandate to bank to make the
payment. An instrument with the drawer signatures forged is a mere
nullity. Unless ... cannot
debit it's customer's account with a forged instrument.
49. The case law cited by the plaintiffs as Canara Bank
allowed the application of respondent/complainant u/s.
143 of the Negotiable Instruments Act (hereinafter referred to as NI Act )
and disallowed the application ... that he could show that the cheque under dispute was a forged
instrument. An application u/s. 143 NI Act was filed by the complainant
loss caused on
account of payment made against a forged negotiable
instrument. The defendant no.1 bank, being the collecting
bank is, therefore, held liable ... that there is never any mandate to pay under a
forged cheque or forged bank draft and if payment is collected under such a
bank
