Forgery cases file while civil case is pending s.p. suit
Raghu ponnala
(Querist) 04 December 2017
This query is : Open
i have entered into an agreement with person A. and filed specific performance suit in the court. And it is pending .
now this person A Who had entered into agreement had file a private complaint stating that it is forged document and it is not his signature, from the MM court.
q1. As the case is pending in the civil court can he haras me by police .
q2. what is remedy to it.
Vijay Raj Mahajan
(Expert) 04 December 2017
The issue of forgery of signature will be decided by the MM on the basis of forensic handwriting expert report and if the report is positive that its his handwriting as his signature on the agreement the complaint will be dismissed by the MM. You need not worry because the onus to prove is that of this person in the private complaint about forgery.
As far the civil suit of Specific performance is concerned that will proceed independently.
The role of police will come in play only if the MM find the signature reported are found to be forged that if found incorrect at initial stage only the Police will not be involved.
Bhaskaran Advocate
(Expert) 05 December 2017
If your question is, 'whether he has a right to file a complaint when the document under issue is in Civil court'. Yes he can file forgery case in an Magistrate Court.
