Deciding forgery by civil court when criminal case is pending
Ashok Kuvadia
(Querist) 28 December 2013
This query is : Resolved
CAN CO-OPERATIVE COURT i.e. CIVIL COURT DECIDE ABOUT FORGERY OF SIGNATURE; WHEN THE STATE i.e. POLICE HAD ALSO FILED CHARGE-SHEET FOR THE SAME CAUSE:
(01) Dear Experts, I am thankful to all of you for giving me your valued Opinion time to time in past.
(02) I have filed a Dispute at Co-operative Court, i.e. Civil Court, against my Society which is Co-operative Ownership Housing Society.
(03) At one hand, in the Dispute at Co-operative Court, one of the Issue is about forgery of my signature, i.e.-- “Whether my signature on consent letter is forged, bogus, false and fabricated?”
(04) On the other hand, at my instance of complaint to Police, Police i.e. State of Maharashtra have registered F.I.R. & filed a Charge-Sheet against accused for forgery of my signature on consent letter, and the Case is pending at Metropolitan Magistrate Court.
(05) Now, recently the Co-operative Court i.e. Civil Court has dismissed the Dispute by its judgment against me. Wherein for issue about forgery it has held that--
“…as the criminal case in respect to forgery and fabrication of signature is pending before Magistrate Court therefore it will not be proper to decide whether forgery is done or not”.
MY QUERY:
(a) In such circumstances, whether the Co-operative Court, i.e. Civil Court has power to decide about forgery, when Criminal case of forgery is pending at Magistrate Court?
(b) The conclusion on which the Co-operative Court has arrived that it cannot decide about forgery, as mentioned above in para-05, is correct or not?
(c) Generally, whether the Co-operative Court, i.e. Civil Court has power to decide about forgery?
N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.
Thanking all in anticipation.
Ashok.
ajay sethi
(Expert) 28 December 2013
There is no hard and fast rule in this matter. The Court should consider the circumstances of each particular case and decide on grounds of justice and expediency whether it is proper that the criminal proceedings should be stayed or that the civil proceedings should be stayed or that both should be allowed to take their course -
'Sankarayya v. Kerala Subba Aiya', 2 Weir 260 it was held that where there, was a complaint of forgery of document and the question of genuineness of this document was pending in a civil court, criminal proceedings should be stayed
R.K Nanda
(Expert) 28 December 2013
CONSULT LOCAL LAWYER.
Rajendra K Goyal
(Expert) 28 December 2013
If you feel that the court has arrived at wrong conclusion you can file an appeal. Without going through decision and case file, it is not possible to give proper advise. Contact some local lawyer.
prabhakar singh
(Expert) 29 December 2013
AGREE WITH M/S ajay sethi & Rajendra K Goyal
ONLY.
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
As rightly advised by Sri Rajendra K Goyalji, you have a chance to prefer an appeal against the judgement by the Cooperative court before a higher court. The judgment of court should not be commented so seek relief as per provisions of law.
Devajyoti Barman
(Expert) 29 December 2013
Ha Ha Singhji, agree with experts impliedly mean those experts only.
Koi sak??
