Bhushan Khatri
Asked September 06, 2016

How to proceed against the act of forgery of sale agreements

  • 2 Answers
  • 150 Views

A parental property consisting of 24 shops has been disposed fraudulently by one of the brothers without authority from other heirs/brothers, in the capacity of Builder. A complaint on the basis of Zerox copies of the, unregistered, Sale/Purchase agreements on a Rs 50/= Stamp paper, signed by him resulted in registration of an M case in the Magistrate Court in 2003 Under section 406, 420, 504, 506 r/w 34 of the IPC. Charge-sheet has been filed in 2004 without the support of Original documents (Sale/Purchase agreements), charges have been framed by the Court and the High Court has also ordered that the case should be decided in 6 months from Sept-2016. Now most of the witnesses, who were Shop owners and who have purchased these shops from my brother, the main accused, have sold their shops to a third party and a few have expired, after registration of the Charge Sheet in 2004 and hence their names don't appear in the Charge sheet. I being the original Complainant moved two applications for issuing of summons for production of original documents like sale/purchase agreements to witnesses who have purchased shops after the registration of the Charge sheet and to the heirs of witnesses who have expired. The applications were accepted and summons have been issued thrice but the witnesses don't appear in the Court. Only one witnesses has appeared during the last 4 dates and has submitted Court verified copies of the documents (Sale/Purchase agreement) but was not allowed to be examined by the PP since the accused, under the pretext that application for issuing summons for production of documents was allow but not for examination and cross. Hence i would request advice from legal experts in Criminal Law that: 1. How should i move further in this matter. 2. How should i gather evidence from witnesses to help my case. 3. In what manner and way should i approach or request my PP to move the case. 4. Since the forgery and fraud is in the form of documented evidence like sale agreements signed by my brother, is there any other way to nail him

Answers 2

Default avatar
SAURABH KUMAR

With respect to question number 1 and 4-

 

Nagpur bench of Bombay high court Court has held that[1]-

“Production of original document is necessary to determine the charge of forgery"

 

Thus, you are requested to produce original documents and find original notary witnesses like any lawyer, family member etc. who were present when you signed the document to prove that you were deceived and misguided when you signed the document and there was forgery.

 

 

With respect to questions 2 and 3-

 

You are advised to file a summons warrant via section 105 of CrPC.  File an affidavit in the court your case is currently pending and ask the court to summon these individuals citing the fact that their act of avoiding the court has led to the trial being prolonged. You can also mention the immense economic burden you have been facing as a result of the trial being stretched and the strong chances of the accused tampering with evidence due to the slow nature of the trial.

 

 

 

[1] Dr Suresh Jamdar V Ramesh Jamdar

Agree Comment 0 Agrees about 1 year ago

Default avatar
SAURABH KUMAR

With respect to question number 1 and 4-

 

Nagpur bench of Bombay high court Court has held that[1]-

“Production of original document is necessary to determine the charge of forgery"

 

Thus, you are requested to produce original documents and find original notary witnesses like any lawyer, family member etc. who were present when you signed the document to prove that you were deceived and misguided when you signed the document and there was forgery.

 

 

With respect to questions 2 and 3-

 

You are advised to file a summons warrant via section 105 of CrPC.  File an affidavit in the court your case is currently pending and ask the court to summon these individuals citing the fact that their act of avoiding the court has led to the trial being prolonged. You can also mention the immense economic burden you have been facing as a result of the trial being stretched and the strong chances of the accused tampering with evidence due to the slow nature of the trial.

 

 

 

[1] Dr Suresh Jamdar V Ramesh Jamdar

Agree Comment 0 Agrees about 1 year ago

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