When Is A Cheque Considered Forged? – Crime

Can we consider a different signature or modification of the
correct one admitted by the withdrawal of the cheque as an act of
forgery?

To address these questions, we must refer to the text of the
Penal Code, particularly Article No. 251, which discusses the
concept of forgery and its manifestations.

Forgery of any document entails altering the truth contained in
it in one of the ways specified by the law. Such alteration may
cause harm with the intention of utilizing the document as a valid
instrument after its truth has been altered.

The law delineates specific methods by which harm to a document
and alteration of the truth may be considered forgery. One such
method includes:

• Introducing a change to a document, such as altering its
  content by adding, deleting, or modifying it.




• Placing a forged signature, stamp, or altering a valid
  signature, stamp, or fingerprint.




•  Illegally obtaining a signature, fingerprint, or stamp
  from an individual in secret, without their knowledge of the
  document’s content upon which they’ve signed, stamped, or
  provided a fingerprint.




• Fabricating a document and attributing it to another
  individual.




• Completing a paper or document that has been stamped or signed
  on blank paper with content that contradicts the possessor’s
  will.

Furthermore, impersonating an individual in a document prepared
to prove identity is also considered forgery. By adhering to these
stringent and expansive conditions defining forgery methods, and by
referencing Article No. 676 of the Civil Transactions Law
concerning penalties for cheque forgery, we can ascertain the legal
consequences.

Article 676 of the Commercial Transactions Law outlines the
penalties for cheque forgery within its exclusive cases, referring
to Article No. 251 of the Penal Code to criminalize instances of
check forgery.

According to the mechanism outlined, anyone who forges or
fabricates a cheque or attributes it to others by altering its data
through addition, deletion, or other methods stipulated in Article
251 of the Penal Code shall be subject to imprisonment. This is
done with the intention of causing harm to others and for the
purpose of using it for its forged intent.

Referring back to Article 251 of the Penal Code, it is
considered among the methods of forgery to place a forged
signature, seal, or alter a valid signature, stamp, or
fingerprint.

Thus, inserting an incorrect signature on the cheque, different
from the one approved by the drawee bank of the account holder who
issued the cheque for withdrawal, constitutes a forgery crime in
the cheque. This is due to the alteration of the signature on the
cheque from the drawer.

This enables the court, if these elements are present and
verified, to penalize the signatory—the drawer of the
cheque—for intentionally altering their signature to the
detriment of the beneficiary. This action prevents the possibility
of cashing the value of the cheque and disrupts the consideration
of this commercial paper as a method of payment, which would
otherwise enable the beneficiary to collect their dues from the
debtor.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.