respondent
No.1/plaintiff bank in any manner allowed the forgery/material alteration to
take place on the subject bank draft and consequently it cannot ... payment. Clearly, therefore, the making of
the second signature has allowed material alteration/forgery in the bank
draft and the positioning of the second signature
Banks, it has alleged mis-management and fraud. The allegations of forgery, material alteration and interpolation, in the documents, filed before the Debt Recovery Tribunal ... year 2014. Whether the documents have been forged, interpolated and materially altered, can be very well examined by the Debt Recovery Tribunal
plaintiff. It is further submitted that whatever material
alteration/forgery had been done, was done at the end of
the bankers of the plaintiff ... thereafter some fraud
had taken place whereby material alterations were made in
the cheque and forgery and fraud was committed and that
the name
manipulation and forgery. He also would contend that both
the Courts in detail discussed act of these petitioners and found
the material and even ... before the Court and particularly, case of the
prosecution is forgery and material alterations and documentary
37
evidence is placed before the Court. Hence
manipulation and forgery. He also would contend that both
the Courts in detail discussed act of these petitioners and found
the material and even ... before the Court and particularly, case of the
prosecution is forgery and material alterations and documentary
37
evidence is placed before the Court. Hence
manipulation and forgery. He also would contend that both
the Courts in detail discussed act of these petitioners and found
the material and even ... before the Court and particularly, case of the
prosecution is forgery and material alterations and documentary
37
evidence is placed before the Court. Hence
under Section 201 is concerned, the
finding is that there are no materials to come to the
conclusion that such an offence has been made ... complaint.
Learned counsel went on to point out that the material
alteration and forgery of the documents were done outside
the court and therefore
forged and it amounts to material alteration. Both the courts below have
failed to consider Exs.B3 and B4, discharged promissory notes ... following judgments for the proposition that
what amounts to material alteration and forgery:-
(i) CDJ 1928 MHC 340 ( Santhu Mohideen Pillai Tharaganar
..vs.. Jamal Mohammad
amount and name on the cheque cannot be treated as
material alteration under section 87 NI Act. However, the judgments cited by the complainant ... bank has not raised any objection in respect of tempering, forgery or
material alteration in the cheques and, therefore, the same should not be relied
questions; what
is forgery, whether forgery is a fraud and whether in the
instant case, forgery and fraud are proved?
25. Forgery has its origin ... Comprehensive. Dicitionary, International
Edition, "Forgery' is defined as :
"The act of falsely making or
materially altering. with intent
to defraud; any writing
