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Deesha Sarkar (Student)     08 October 2011

Principal debtor fogged signature to obtain guarantee partii

With reference to the query: https://www.lawyersclubindia.com/experts/Principal-debtor-forged-signature-to-obtain-guarantee-233936.asp

In accordance with the advice given by the experts we approached the police and filed a complaint with the help of a criminal lawyer and also sought the services of an advocate practicing with DRT to represent us in the DRT.

However, the Criminal Lawyer has now advised us to pursue the matter in the criminal court and file a case of cheating and forgery against the principal debtor (PD) and the Bank  for which the fees are considerably high.

We have noticed that the guarantee documents that bear my father's alleged signature are neither notarised nor witnessed. Also, all the family details mentioned therein are also incorrect.

Is is advisable to pursue the Criminal matter for damages, especially, since we suspect that the PD might file for bankruptcy, and given the costs involved?

Requesting the experts to give their opinion on the matter once again.



Learning

 2 Replies

sridhar pasumarthy (ADVOCATE)     08 October 2011

Dear Deesha Sarkar, 

when a forged document is filed before a court of law, no need to file a seperate private complaint for the offence of forgery.  Cognizance of such offence by a magistrate is barred under section 195 of Code of criminal procedure. The court before which the forged document was filed, is competent to forward a complaint to the concerned magistrate, if it opines that the document is forged.

A guarantee agreement need not be attested nor notarised under law.   

sridhar pasumarthy (ADVOCATE)     08 October 2011

Dear Deesha Sarkar, 

when a forged document is filed before a court of law, no need to file a seperate private complaint for the offence of forgery.  Cognizance of such offence by a magistrate is barred under section 195 of Code of criminal procedure. The court before which the forged document was filed, is competent to forward a complaint to the concerned magistrate, if it opines that the document is forged.

A guarantee agreement need not be attested nor notarised under law.   


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