Complaint
basavaraj shiromani
(Querist) 27 October 2012
This query is : Resolved
A lady lodged a complaint against a person complaining that about 14 years back a person without her knowledge has got entered his name in the record of rights on the basis of relinquishment deed which was not at all signed by her. Now the police registered a case against the said person for forgery and cheating. My question is that,
- is there any limitation to lodge a complaint against forgery.
-what remedy is available to the person accused of forgery.
Devajyoti Barman
(Expert) 27 October 2012
The time would start from the date of discovery of alleged fraud.
File a civil suit as well for declaring the said deed as null and void.
V R SHROFF
(Expert) 27 October 2012
""-what remedy is available to the person accused of forgery.""
ur question suggest, you want to help the person accused of forgery!!
Advise of Shri Barman fvr Lady.
I too have the same opinion.
I will not like to hint remedy to the person who forged sign of innocent Lady, to grab her property.
R.K Nanda
(Expert) 27 October 2012
1.no.
2.accused must defend forgery case filed against him.
basavaraj shiromani
(Querist) 27 October 2012
I do not agree with the expert opinion of V.R.Shroff. I thing he decided that the accused is offender and the lady is innocent. In order to give a justice to your client one cannot say that you have forged the signature an innocent lady therefore i can not take your brief. He might also be innocent. Accused must be treated always innocent until the guilt is proved. Therefore I agree with the opinion of expert R.K Nanda.
Raj Kumar Makkad
(Expert) 29 October 2012
There is no limitation for the initiation of criminal action as the same depends upon the knowledge of such offence to the concerned person.
So far as the action of the accused is concerned, he shall have to prove his innocense before the court and trial is the only way which effectively can be used by him for this purpose. The primary onus to prove guilt is upon the prosecution and let them prove and if need for leading defence evidence is flet by your lawyer, you should not hesitant to do so.