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A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent to…

Illustration (e) to Explanation 1 of section 335 of the BNS says of the trader who antedates his own promissory note to defraud creditors that "A has committed forgery under…

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A, a trader, in anticipation of insolvency, lodges effects with B for A's benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. Which statement is correct?

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Correct answer B

Illustration (e) to Explanation 1 of section 335 of the BNS says of the trader who antedates his own promissory note to defraud creditors that "A has committed forgery under the first head of the definition", that is clause (A), dishonestly making a document intending it to be believed that it was made at a time when it was not. Signing in his own name is no defence; he did not alter an existing document (clause (B)); and nobody was deceived into signing (clause (C)).

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