Forgery
meenakshi chauhan
(Querist) 16 September 2011
This query is : Resolved
i moved one bail application of my father in high court. in that application i moved one extra affidavit in which i enclosed certain documents to show that the complainant in father's case do different signatures at different occasions.
as my father was not there i searched myself at home and got to find one old sale tax form (of around 1985) bearing the signatures of the complainant. i enclosed that in court's affidavit.
but unfortunately due to some unknown reason to me, i found later that the document i was having is duplicate copy and its original copy has some different signatures, which was present in sale tax department.
the complainant took the advantage of that and now has made a criminal complaint against me that i deliberately signed or forged that document to get the bail of my father.
i want to know what can happen in this case.
i am not having the original of that, that must be with the complainant only.
because we are having the copy of that.
we enclosed around 13-14 of his signatures and some other documents also.
and he is making the complaint on that single paper only.
please suggest what should i do, and what worst can heppen?
thank u
M/s. Y-not legal services
(Expert) 16 September 2011
Still your query not clear sir.. Actually whats the relevancy between complainant's signature and case? Whats the complaint against your father? Just clear it.
prabhakar singh
(Expert) 16 September 2011
Yes Mr. Tom ,is right.i failed to decipher as to what you want to convey us.
Advocate. Arunagiri
(Expert) 16 September 2011
I am trying to understand from your statements:-
1. You have filed few documents to disprove the signature of the complainant.
2. One of the document, which you have xerox only, is false. Because the original is having a different signature.
3. So, the complainant had initiated a criminal complaint on you for filing a false document.
The court will not accept a xerox copy of the document. How you have filed?
Even if you file a false document, the complainant can not initiate another criminal complainant. It is a contempt of court, so, only the court can make complaint.
Advocate Rajkumarlaxman
(Expert) 16 September 2011
Zerox copies are allowed in the highcourt as the same are attested by the adovcate or the party itself. At least in Mumbai highcourt. but if these are forged and court comes to the conclucion that they are so then it is difficlut for the person who forged to escape beacuse in highcourt the Hon Judges remand the person immediately for foregery in court proceedings. but as our experts state why have you move in the court whats your purpose for filing the docuemnt and why is it relied for all questions remain unanswered so please facts in details
Raj Kumar Makkad
(Expert) 16 September 2011
The querist has clearly stated that signature document of complainant (second copy) was bearing different signature of the complainant than original copy (with the complainant and also in sales tax department). he querist used this document seeking bail for his father and this document found bearing wrong signature. So complainant is misusing this situation.
Law is very clear in this regard. No fresh case can be filed for this serious offence rather proceeding in the same case can be initiated. Second thing, it is also to be seen whether HC granted bail belieivng upon the mentioned document or other documents and whether this document was mentioned while granting bail order or not? If it was not relied upon then this is not a serious offence and unconditional pardon may be sought.
meenakshi chauhan
(Querist) 17 September 2011
no mr makkad bail was not granted.. and even that document was not mentioned.. as that was not that important for bail purpose..
