Taking cognizance on xerox copy of a document-reg
K.SREERAM MURTHE
(Querist) 19 July 2016
This query is : Resolved
I filed a Xerox copy of a document in the list of documents in a maintenance case counter which was not marked . The author of the document who is neither a party nor a witness in the case somehow managed to take a certified copy of the Xerox document and alleged that the above document was tampered by me hence filed a defamatory case U/S 469, 471, 192 R/W 193 of IPC. This case was taken on cognizance without verifying the authenticity of the challenged document by JMFC.
Query No: 1- whether the author of the document can file a case against me.
Query No: 2- Is it correct that the court can take cognizance U/S 469, 471, 192 R/W 193 of IPC.
I would be thankful for clarifying above two queries with some good citations
P. Venu
(Expert) 20 July 2016
The real question is whether the xerox copy is tampered as alleged? Anyhow, the onus lies with the complainant to prove the alleged tampering.
Rajendra K Goyal
(Expert) 22 July 2016
If case filed, complaint has to prove his case beyond doubts.
