Reg law of limitation & clarification reg several cases
suman
(Querist) 15 April 2013
This query is : Resolved
Respected Sirs,
I intend to file a criminal case of an alleged forgery committed by my tenants. They fabricated fake and forged rental receipts and filed it in a civil case for injunction. Suit was decreed in fav of tenants, in spite of not having proved any one allegation as per their petition.
In order to corner them in their own faults, I approached the PIO of the concerned govt dept where the tenant works and solicited the rental information filed for the purpose of IT as stated in the evidence in the cross examonation.
It is clear that the tenant has mislead the Hon'ble court as all the information solicited is quite the opposite. It is almost 5 months since i received the solicited information on forgery under the RTI. I did not file a criminal case yet, as I am gathering some more valuable information regarding the fraudulent activities of the tenant.
Since 5 months have already lapsed, is there any bar on limitation for filing a criminal case after such illegal activity has come to my notice.
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Of late i gathered some more information by which the signatures of my mother and father are forged too. My mother is not party to the suit but my father is.
Shall i file 3 separate criminal cases on individual complainant or club all the three in one complaint. which is the most effective.
What will be the implications and punishment of such complaint. He is a govt servant.
Sincerely.
ajay sethi
(Expert) 15 April 2013
you can file criminal complaint now . not barred by limitation . file one complaint rather than 3 .
R.K Nanda
(Expert) 15 April 2013
agree with expert sethi.
Adv k . mahesh
(Expert) 15 April 2013
agree with Mr.sethi file one criminal complaint
Devajyoti Barman
(Expert) 15 April 2013
Delay in criminal case is really damaging. However that does not mean that you can file the case especially private complaint.
Raj Kumar Makkad
(Expert) 16 April 2013
You can also initiate a criminal proceeding under section 340 of criminal procedure code in the same court in the same case which stands decided against you. The disposal of the case shall not affect your right to get it initiated. You shall have also to file a civil suit seeking setting aside of the earlier suit decreed against you pleading obtained under a fraud with the court. You have still limitation but try to take your action as earliest as possible. Change your lawyer this time.
