Yogesh Bhuta (Cost Accountant) 05 May 2015

False notices by advocate

A complaint to police is filed for Forgery of documents and submitting false affidavit to Govt. Authority. Flat is purchased from A as per the buyer-seller agreement and affidavit filed to Govt. Authority states it is purchased from B. Since the complainant's sign is forged and accused has submitted forged documents to Govt. Authority, the complaint is filed.

Police is taking own sweet time to act upon the matter. In spite of providing fool proof evidence to police and after 5 months of filing a complaint about the case police is lingering to file FIR and now starting to send some of their senior authority about the whether the case falls in their jurisdiction or not.

Accused person's lawyer keeps sending false notices to the complainant although presumably being aware that the accused has carried out a misdeed. This lawyer keeps threatening about filing case against the complainant if the complainant keeps pursuing the matter with police and Govt. Authority.

What is the option available to the complainant for such false notices? Is it necessary to reply baseless notice sent by Advocate?

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3 Replies

Hardeep (Business) 08 May 2015

1) A lawyer just represents his client and sends notices etc per assertions made by the client.

2) It is not necessary to respond to an Advocate's notice although if you wish to , you may do so. You may also use the time to prepare your case well.

3) If the client apporaches the Court and court finds prima facie merit in the complaint, the Court will issue a summons to you along with the copy of the complaint. It is this Summons you will need to take note of and respond appropriately.

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T. Kalaiselvan, Advocate (Advocate) 08 May 2015

If you find inordinate delay by the local police or believe that they are reluctant to take any action, approach the higher police official of th district with your grievances against the local police, if that also fails to invoke any response, you may approach judicial magistrate court in your jurisdiction with an application u/s 156(3) seeking dirction to cocerned police to investigate and register FIR against the accused if it becomes necessary.

The notice issue by opposite party cannot be ignored just like that, if it requires your attntion on certain issues for strong denial, the next best thing is to give a strong reply notice denying the allegations made in it.