Proof of negative fact
Vijay Kumar
(Querist) 13 November 2011
This query is : Resolved
Accused prepared a false and fabricated compromise and forged complainant's signature thereon.
In private complaint to court u/ss 467,468,471 IPC, the complainant deposed himself denying the compromise and signature.secondly, he examined the Hand Writind Expert.
Now the Ld. Magistrate demands more evidence for proof of offences.
The complainant has to prove a negative fact i.e. non-execution of alleged compromise and not putting signature on it.
What else the complainant should do?
Guest
(Expert) 13 November 2011
examine another individual witness and also a witness who attested the document of alleged compromise.
Raj Kumar Makkad
(Expert) 13 November 2011
Ganesan! Such person either might be accused or why should he deny execution of such (forged) document by complainant?
As the matter is documentary, the complainant can produce such type of documents which prove that he continued fighting against the accused party even after alleged execution of compromise which reflects that no such compromise was made and no benefit was derived by complainant mentioned in the alleged compromise.
ajay sethi
(Expert) 13 November 2011
agree with makkad
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 November 2011
Negative need not be proved. Let the other side prove which you can demolish in cross if vague .
Arun Kumar Bhagat
(Expert) 13 November 2011
Que : Now the Ld. Magistrate demands more evidence for proof of offences.
Ans: Do not give any evidence. Ask magistrate to apply his silly mind and pass order.
Rajeev Kumar
(Expert) 13 November 2011
I do agree with makkad
Vijay Kumar
(Querist) 13 November 2011
Ld.Magistrate asks,"On what basis you (complainant)say that this signature is not yours?"
prabhakar singh
(Expert) 14 November 2011
Some thing wrong and misunderstood is going on.
You are complainant.The compromise is made in court.Then every thing about it is okay is a legal presumption.
Then complainant has to deny his signature on it and to bring evidence it does not bear his signature.
Circumstances that suggest impossibility of compromise can be shown either by oral evidence or by documentary ,if any.
Shonee Kapoor
(Expert) 14 November 2011
1. I deny putting my signature/ mark on any paper.
2. I have to prove, that it is not my mark. It can either be proven by Handwriting expert of impossibility of my being in person there at particular date and time.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Vijay Kumar
(Querist) 01 February 2012
Respected Prabhakar Singh sir, the alleged document admittedly has been written outside court, at the residence of the complainant itself. Our case is that no compromise was ever reached and it is a false and fabricated document and does not bear complainant's signature.
Vijay Kumar
(Querist) 02 September 2012
Sirs, accused pleaded u/s 313 CrPC that compromise was reached and written on 05-11-1995 at the occasion of final prayers(BHOG)after death of a commom relative.
We(complainant)u/s 311 CrPC,adduced in evidence, death certificate of the common relative as per which date of death is 31-5-96.
Court even did not discussed our document and acquitted all the accused.
Kindly advise regarding grounds of appeal.
