2 FIR on same matter by different complainant

Querist : Anonymous (Querist) 03 October 2010 This query is : Resolved
Company director filed annual return with Registrar of Companies(ROC) alongwith photocopy of registration certificate. ROC found the certificate to be forged and instructed director to produce original certificate. The director met ROC and given affidavit that said certificate was given to him by his consultant. he also added that said certificate has been taken away by his consultant for necessary corrcetion and he is not returning the certificate hence unable to produce the same to ROC. The ROC did not inform the matter to police. However after 6 months ROC filed FIR against director and consultant. On the knowldge of FIR director also filed FIR against consultant for cheating & forgery in different police station. In directors FIR against the consultant, Final report was submitted on the ground of non-production of Original forged certificate and the statement of consultant that he has not done so, and the same Final Report was accepted by the court. But in ROC FIR charge sheet was submitted by police only against consultant on the false ground that consultant has accepted his wrong acts, whereas consultant never accepted charges rather. Now in ROC FIR B.W. has been issued against the consultant. Please advise what effective legal remedies are available to consultant particularly when (1)Original forged certificate has not been produced by director, (2) In directors FIR final report has been accepted by the court.

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s.subramanian (Expert) 03 October 2010
The consultant cannot be charged in the absence of the production of the original certificate alleged to have been forged. He can file quash proceedings before the High court under SEc.482 of Cr.P.C.

PALNITKAR V.V. (Expert) 03 October 2010
I think the HC will not accept the petition directly if there are other remedies like filing application for discharge. If that is not accepted one has to see if revision is maintenable. Previously, petitions u/s 482 were accpeted liberally. But now the trend is changed in some HCs.

Devajyoti Barman (Expert) 04 October 2010
Yes ,but the case is worth trying anyway.

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