Private complaint by the accused against police & complainant
vijay
(Querist) 05 February 2012
This query is : Resolved
One broker forged a false agreement that i had done an agreement to sell my property to him in 51 lac. and he had paid me 40 lac on the day of agrement.the agrement is notarized as well.
In the register of notary there is only one signatures of the three owners of the property and that too is tainted/cut ,the police seazed the register
our signatures on the agrement are true.
i dont know how and when i signed the document .
when he sent me a leagal notice , i was surprised and i filed FIR against him.
and now the chargsheet of the case is also filed before the court.
Now the accused had filed a complaint in the court against police and me that the
police had made cuts in the register of notary.
my question is that when the chargseet is filed in the court then is it possible for the accused to seperately file a complaint and register a new case when the same offence is already in court
Advocate. Arunagiri
(Expert) 06 February 2012
The court will not entertain such a complaint. You have to prove the same in the court only. If the court got convinced that the documents are forged, the court will order for prosecution against the offenders.
Adv. Sunil
(Expert) 06 February 2012
Even if the complaint is filed by the accsed in cOurt, the court will issue process and direct the Police o look into the matter, at that event the polce will file their say wherein they will state that there is no such crime and the complaint is false. Police will file C-summary and the accused's complaint matter will be closed with Penalty / Fine to filing false complaints....
Sudhir Kumar, Advocate
(Expert) 06 February 2012
You are yourself confessing the your signature on the document are true. It means you signed the document and then alleging other party to have forged it. In Such case the police has also file c/s against him. Then why the other party shall not make complaint against you and police.
vijay
(Querist) 07 February 2012
let me clear you the inside story.
The accused was my servant(salesman) at my shop for more than 15 years ,and we treat him like a family member . but from last few year 's he started his own work as a property broker . and i purchased that property through him (accused). he is one of the witness in my registry .
At the time of mutation of the property he took signatures on a blank Rs.100 stamp paper, saying that a affidavit is required for namantaran . Since we trust him a lot we dind't cared as it was a RS 100 stamp .
He missused this stamp and forged the false agrement.
Please also guide me how can he prove that he can pay 40 lac in cash at a time . one more important thing is that he is not an income tax payee.
ajay sethi
(Expert) 07 February 2012
you should ner sign blank papers. how will you prove signatures obtained on blank documents?
what is evidence that rs 40 lacs paid in cash?
he will deny making any such payment
