Forgery without knowledge
Ashish
(Querist) 10 January 2014
This query is : Resolved
Distinguished Members of Lawyersclubofindia.com
Greetings
My query is regarding forgery and fraud.
a)If an individual is accused of presenting a Forged document but the accused is earnestly & actually unaware at the time of presentation of the document that it is a forged document then in such a case how can he prove his innocence. In other words what should be his legal recourse.
For eg :If one was to present a document to a government authority without any knowledge that the document is forged and with no personal gain or benefit then will the law prosecute the given person for presenting a forged document even though at the time of presentation the person was completely unaware of the given document being forged and where there was no personal gain what so ever.
b) In absence of the original document which is supposedly forged can it be concluded under law based on xerox copies of the said document that the given document is a forgery. If so has there be any such cases.
c)Can the honorable court pass a judgement based on xerox copies of a supposedly forged document.If so has there be any such cases.
d)In addition if the original forged document has been destroyed or unrecoverable what is the recourse under law to the plaintiff and the defendant.
e)Would the individual who claims that he was unaware in the first place of the document being a forgery or having any possible gain by executing the supposedly forged document be deemed as the one having the original document or willfully destroyed the same.
f)Finally in absence of a clear motive or personal gain to the person presenting a forged document and in absence of the original forged document does such a case hold worthy of trial and to what extent.Can it be quashed in initial stages of the trial.Also how can the person who was unaware of the forged document be acquitted of the alleged charge so that the real culprits be brought to stand trail.
g)Does the law differentiate between an attempt to forgery which was successfully detected and prevented with a an actual act of forgery executed for self gain.
Please respond
Cheers :
Ashish
ajay sethi
(Expert) 10 January 2014
academic query
Rajendra K Goyal
(Expert) 10 January 2014
Also repeated:
http://www.lawyersclubindia.com/experts/Forgery-without-knowledge-446596.asp#.Us_ybbSLq_I
http://www.lawyersclubindia.com/experts/Forgery-without-knowledge-446591.asp#.Us_yRbSLq_I
Ashish
(Querist) 10 January 2014
Dear Distinguished members
Firstly this is not an academic query but an actual case in which I am myself involved.
Hence as you can see that I too am unable to find suitable legal recourse for the same and seeking your erudite opinions.
Secondly the repeatation occurred as my posted query was not being updated on lawyesrclubsofindia.com
I had no intention of creating a spam discussion.
Hence please understand my perplexing situation and help me resolve the same.
For your kind advice and consideration I would be much obliged and indebited.
Regards
Ashish
Devajyoti Barman
(Expert) 11 January 2014
Your query does not appear to be your own.
If it is so then say exactly what happened then stating it in example form.
Ashish
(Querist) 11 January 2014
Dear Mr Barman
Firstly this is my query and as the matter is to go on trial I would refrain from divulging exact details to avoid any further legal complications.Also how did you conclude with two posts that this is not my query. Can I assume that since you don't have a answer you first brand it academic & then not the individual query? I wouldn't want to assume or think so.
The whole idea of this portal is exchange of knowledge and eventually finding the right legal professional for an individual in distress to represent in a court of law.
My query is based on facts mainly when the person accused that is me is unaware that he is presenting a forged document and the original document is no where to be found.
However if you provide me your mail Id I can share more details with you but not on a public forum.
Secondly I am unable to understand from the distinguished members who have replied branding my query as ACADEMIC.
What is academic in this case please explain.
The case is real and so am I as are you and if you feel it is academic then please state your reasons and then change the status to Resolved.
Awaiting your response
Regards
Ashish
Advocate. Arunagiri
(Expert) 11 January 2014
I am also ready to help you in case you give the exact case details, if you have reservations you can send your full query, without masking anything, to my email id or to any of our experts.
We are here to help the persons who are having real cases.
Please understand this.
Ashish
(Querist) 11 January 2014
My Id abhambri83 at gmail dot com
Ashish
(Querist) 11 January 2014
Well I am unable to find your contact details hence had given my email id.
Secondly what is that you exactly mean by "do you expect us to contact you ?"
In your previous post you mentioned your willingness to help on an email.However the website states "sorry you cannot call and connect with Advocate Arunagiri now as the user is not a PRO member yet.
So if we want to get in touch with each other then one of us must have some contact point which in my case is my email id.
I hope you get the point
Advocate. Arunagiri
(Expert) 11 January 2014
You can get the contact address of any of experts by visiting their profile.
Devajyoti Barman
(Expert) 12 January 2014
Yes, if you prefer any experts here, visit their profile. Mostly have shared their contact details including e-mail address.
T. Kalaiselvan, Advocate
(Expert) 13 January 2014
Instead you could have sent a PM to Mr. Arunagiri, what stopped you from doing so?, Your question has been answered by expert Mr. Shantilal Pandya despite you repeated the query many times.
