Negotiable Instruments Act Sec 138
Vivek Banginwar
(Querist) 25 January 2011
This query is : Resolved
Please suggest what can I do? :Without disclosing the name & person or authority from whom the xerox copy of documents is received can be filled before Court to compare & show the fraud committed by the party producing it before Court,there is overwriting on the documents produced by the party, the xerox copy of the documents can produced earlier is obtained from original, the proper custody can be consider? Please give case laws. Its urgent.
Guest
(Expert) 25 January 2011
THE HAND WRITING EXPERTS OPENION CAN BE CALLED REGARDING OVERWRITING ON THE DOCUMENT CONCERNED.YOU WILL SUCCEED.GOOD LUCK.
Ajay Bansal
(Expert) 25 January 2011
AGREED WITH SHASHIKUMAR.
G. ARAVINTHAN
(Expert) 25 January 2011
File an application under Section 45 of the Indian Evidence Act
Advocate Bhartesh goyal
(Expert) 25 January 2011
You should file an application in court to get examine the documents by an expert.
Vivek Banginwar
(Querist) 25 January 2011
Sir,a party A has submitted forged balance sheet in the court but party B received actual balance sheet. So how party B prove it. Is the copy which is received to party B is authentic in the court's view. Any case laws..
Advocate. Arunagiri
(Expert) 25 January 2011
If the balance sheet is singed by the auditor and the CEO of the company, that is original.
For your kind information, many companies have two balance sheets, one is audited and other is unaudited.
The audited one is the genuine.
Vivek Banginwar
(Querist) 26 January 2011
Sir but Party A submits one balance sheet to Income Tax & Sales Tax Dept & different balance sheet submits in the court.In the first balance sheet which is submitted in the Dept, the name of Party A is not mentioned in Sundry Debtor, but in different balance sheet which is submitted in court the name of Party A is mentioned in Sundry Debtor. Can i submits the copy of balance sheet which is submitted in Dept unauthorisely?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 26 January 2011
If the case is against you , you will get relief.There is simple technique to produce the document provided you are sure.
First apply to the court for a copy from the opponent as submitted by him to the IT or sales tax. Now you can either apply for production from the dept or seek permission to submit secondary evidence.
You can also apply for summons to CA who audited it and he will have to submit it.
