You can file a police complaint regarding the same and do newspaper publication. After that no one can misuse it. Even if misused you can defend it in court
I signed on a blank white paper in Sep 2019. I kept that paper in my bag to use it later for a different purpose. I lost my bag and paper as well in June 2020. I am worried someone may misuse this signed blank paper to do fraud things. Is it possible to create a fake promisery note using this signed blank paper ? I searched in Google and found that forensic labs can find the age of ink on paper. I signed on the paper in Sep 2019 and lost it in June 2020 that means there is a gap of 8 months ! If someone use it to make a fake promisery note or any other fake document is it possible to challenge the age of ink to prove that I signed on a blank paper and it is a fake document. Is it possible to inform/intimate to the court before itself that I lost the signed blank paper ? Is it possible to take any such precaution ? I want to take precaution now itself so that in future I can defend any fake document produced in the court.
You can file a police complaint regarding the same and do newspaper publication. After that no one can misuse it. Even if misused you can defend it in court
To prove that any document is fake, you need to first get a complaint filed before the police regarding the same. Since it is a document which is almost one year old, it is possible that there would be huge difference in the written and the signed writing and the same is visible from bare eyes. further, it is not possible to inform or intimate court before itself but yes you can file a missing document or theft complaint before the area police station.
I don't think that anyone can take advantage of your paper. One can take advantage only if that person knows you. Then he may know your assets etc. Otherwise a thief cannot know where your property is and how to take advantage. Therefore do not worry.
Hello,
Signed on a blank plain paper is not a document.
No document can be prepared on a plain paper.
A promissory note also cannot be prepared on a plain paper.
An unregistered document is not enforceable in law.
Your fears in this regard are unnecessary.
Court will not entertain any such request as proposed by you.
You can inform police that you have lost your bag containing blank signed papers
keep acknowledgment of complaint in your record
in case blank paper is misused deny your liability
No property dealing is possible on white paper.
No promissory note is made on white paper.
Some sort of undertaking or receipts can be made on such paper.
You can challenge this in court if things moves to court at any stage and verify age of ink.
Generally nothing happens if such paper is lost.
But for safe side give a paper publication stating the fact of missing signed blank paper in any local newspaper and keep papercutting with you.
Generally it is not any serious matter.
1. File a "Police Report", about the lost /misplace /stolen of your bag and include in it the contents including the blank paper.
2. This Police Report will safeguard you against all possible futuristic fraud or claim on you. This will be required IF someone claims from you or if someone files any court case on you.
1. Signing on a blank paper can be disastrous if it lands in hands of someone who has a criminal mind.
2. If someone is to forge a promissory note then he will do it. Of course, if the dispute goes to court you can file an application in the court to send the paper to FSL to find out the age of ink on paper.
3. There is no provision in law to inform the court in advance.
4. You ought to have filed a FIR for the loss of bag and specifically stated in the FIR that the bag also had a blank paper signed by you.
No that not possible to get signed blank paper and later on it will be converted in the promissory notes. how the other person come to know that signature are your's only.
If you give registered FIR regarding lost of bag and in that you have kept signed on blank paper. If something gives wrong against you like Promissory notes this FIR will help/ defend from your side.
Get a report lodged in police station for lost of bag and mention that there was a blank signed paper in the bag and you are afraid that someone might misuse it.
This report will be sufficient for safeguard
You can give a report regarding your loss in police station or take there help.
In order to avoid any inconvenice u may give publication or caution that u have lost signed blank stamp paper, any body gets may return to u or not misuse it .misuser will be prosecuted.
Lodge DDR in this regards ,if any one misuse later on u can lodge fir under section 420,465,467,471 ipc.
Just rember only person known to u n having full knowledge about u can misuse by himself or through someone.
Good luck..
Is it possible to create a promisery note on a plain white paper without cross signing on a revenue stamp ? but the revenue stamp is affixed on somewhere top of the paper and it is simply striked off to prevent its reuse. Such promisery note is legally valid ? Common practice is people cross sign on a revenue stamp. If the signature is done on plain paper and not crossed signed on a stamp , is it valid promisery note ?
An instrument to be duly stamped (i) must bear the proper description of stamp, (ii) the stamp must be of the proper amount; and
(iii) the stamp must be affixed or used according to the law or rules for the time being in force in India, and properly cancelled. In determining whether a document is sufficiently stamped for the purpose of deciding upon its admissibility in evidence, the Court will look at the document as it stands and not at any collateral circumstances which may be shown in evidence. When the question is, whether a document bears a sufficient stamp, the document must be looked at as it stands. Therefore, every instrument which is required to be stamped is said to be duly stamped if the instrument bears adhesive or impressed stamp of not less than the proper amount.
2) in your case if instrument is not stamped it would not be valid promissory note
A plain paper containing only signature and nothing else cannot be converted into a promissory note.
However if a person intends to create a fake or fraudulent document may go to any extent for forging a document as mentioned by you.
You can challenge the same as per law and merits if at all you are implicated in any such false case.
A. Signed blank paper never create any harmful to you. Similarly it can't be used for promissory note purpose also as no stamp duty paid.
B. You are advised to lodge vthe police complaint and get an acknowledgement with respect to the same. In order to take abundant precaustions that you can give a paper publication towards missing blank paper. You can utilise the same in future for defending yourself before the court in the event of any issue arises.
Hello,
- Yes, this signed paper can be used for the recovery of loan amount as well , after showing your declaration to pay a loaned amount , as earlier i was contesting such similar type of matter .
- It is also correct that the age of signing on the paper can be compared with the contents written on the said blank paper through an expert , and before the court such expert suggestion is also admissible.
- Since, you have lost your bag in this months , then also you should give a written complaint for your safety , before the police after narrating the incidence and the possibility of using the said papers by any unknown person in future.
- Under the stamp Act, the revenue stamp is not mandatory should be crossed by signature , it can be only crossed for showing that the stamp has already been used with the affixing paper.
- Yes, If the signature is done on plain paper and not crossed signed on a stamp , is it valid promissory note legally.
It is not that easy to create fake promissory note. It should be stamped with appropriate stamp duty.
Yes, your research is correct. If anything as apprehended by you happens, you can go for forensic expert's opinion.
No, it is not possible to inform / intimate to court about lose of signed papers.
Precaution is:
..... Immediately you should lodge police complaint about loss of bag and give details of contents thereof, retain acknowledge copy of complaint and receipt obtained from police.
If any fraud / fake document is prepared, you can take shelter under above complaint.
Reply to your second Post:
No, your apprehension is wrong. It cannot be done.
However, if anything of that sort happens, you will have defense, as stated above by lodging police complaint etc..
Yes it is valid even if a revenue stamp is not affixed on it. But only if the person knows you then it is probable.
1. Yes anyone with bad intentions can make fake promissory note and other purpose but he also have to forged your signatures on Revenue stamp on promissory note.
2. You can give a Non cognizable report to police stating loss of your purse and belongings which include signed blank paper.
You need not to worry but in case there is any problem then you have to report to the police that forcefully they have got the signature on a white paper and that can be misused so that in future if that paper is being used for any purpose other than then you will have to safeguard to for the promissory note and other things stamp paper is required to be signed
Section 2(2 3) of the Indian Stamp Act 1899 makes it mandatory for affixing of stamp on any receipt as defined therein above Rs 5000 .
I visited police station they did not book FIR. Police said for such small things they will not accept FIR. They suggested me to file a online Crime Petition in Andhra Pradesh police website. I filed a online Theft Petition. In the Petition all the details are clearly mentioned. I took the printout of the crime petition acknowledgement containing all the details like petition id, date, briefing facts. I again visited police station and took police station seal and sub inspector signature on the acknowledgement. Will court consider this ?
Court would consider fact that you have lodged complaint about loss of blank signed papers
acknowledgment of receipt of complaint would help in your defence
Yes court will consider this do not worry.. you have done what you can. And also filed a theft report.
Yes, Court will consider this as a proof that you have informed to police officer online and have acknowledgement from them too.
This is an evidence on your side.
Hence keep it safe and secure so that it may used as documentary evidence when the need arises.
You don't have to file FIR you can only send a complaint by post also. They will do the needful. You can also opt of online complaint if you want
- Yes, this online lodged Complaint is very much admissible before the court , specially when you have took police station seal and signature of SI on the acknowledgement.
FIR is lodged only if the information disclosed to police reveals the commission of an offence. In your case you have lost the bag which contained some documents, hence no offence has been committed. Therefore, only a complaint can be lodged, not a FIR.