Fir u/s 420 471 468 465 34

Querist : Anonymous (Querist) 14 December 2011 This query is : Resolved
Fir on me u/s 420 471 465 468 34

case deatails
in 1981 we, my father, elder brother, myself, younger brother applied for the registeration of our trade mark on behalf of our firm.

in 1987 my elder brother left the firm with registered dessolution deed in which its clearly mentioned that he will not use and tradename and goodwill of the company.

in 1996 my father and myself also got retired from the firm and my wife, my younger brothers wife and my second younger brother became the new partners in the firm.

1n 1997 we got letter from trademark authority that our trademark is registered. we replied them that some person have got retired and some got added in the firm kindly change their names and we send the dessloution deeds along with them through the lawyer who does work of trademarks.

in 2001 my father got expired.

in 2006 our trademark lawyer send us few papers to sign. first paper was that is their any court case going my younger brother signed as no court case was going. second paper was signed by me as i was retiring and i dont have any objection. but that paper was a joint affidavit of 3 persons my father who expired in 2001 and my elder brother and myself. truthly speaking i have not read the paper the lawyer came and asked me to sign on 2 places and i did it.and he submitted that paper in trademark authority. and we got a tm-24 certificate.

in 2007 my elder brother who was retired started using the trademark.We objected and got interim stay from delhi high court. but my elder brother didnot stopped

in 2008 contempt of court was made and local commission came and raded his factory and goods were taken in the custody.
on next day he with other four industrialists came and on plane paper wrote everything that he will not use trademark and will not give any suscidal threats. all the people involved also did signature. on very next day when we asked him to write it on stamp papers he refused and said he will fight in court. we said as you wish.

in 2010 he started threatning us that i hav got one paper and now i will not leave you. soon we got a call from delhi police station that ur elder brother has done complanit against me and my two younger brothers. when we reached police station he showed us a paper which i signed in 2006 on that paper my fathers sign was forged and also my elder brother signature was forged. we were shocked to see the paper as i know that my sign were original. we understood that it was the work of our trademark lawyer, then we approched our lawyer he said sorry and said i have done this mistake you dont worry i will myself handle it.

in 2011 an fir was registered against me and all the four partners of the firm and the person who has attested it i.e the lawyer. we got the bails from the court but the IO did not involved the lawyer who did the forged signature and he submitted the chargesheet keeping mine and four partners of the firm and kept out the lawyer.

Kindly help us as we have not done anything wrong neither we are beneficiary from any side. we have given our signatures in the court and that also didnot matched with the forged signatuers. complainat is just harrasing us to get the trademark by this wrong means.

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Raj Kumar Makkad (Expert) 15 December 2011
Prosecution has to prove who made forged signature of your father and elder brother. Signature expert is required to be produced thereon and you shall be given an opportunity to cross-examine him with the help of expert so nothing to worry. You have to face trial vigorously.

Querist : Anonymous (Querist) 15 December 2011
Sir any chances of quashing. like me and 4 other family members are included. ladies also.

Shonee Kapoor (Expert) 15 December 2011
Doubt whether any grounds for quashing is made out on the presented facts. The court may allow personal exemption of ladies to attend the trial.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 18 December 2011
Quashing seems a difficult proposition in facts stated by you.

Fir u/s 420 471 468 465 34

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