X (husband) purchased a car in 2002 in his own name but was being used & driven by Y (wife). Mr X paid the EMI of the car for 5 years. There was no contribution by Y in the EMI.
In 2009, Y desired to buy a new car. Y's sister living in a nearby city desired to buy the old car. Since she was X's rakhi sister... X did not agree to the sale but instead asked wife to give it to her for use and return basis till she buys her own car.
Soon after, Y bought a new car for 6 lacs in her own name. Old car also dissapeard from the society during this time in 2009. Reality: Y did not give the car to her sister but instead sold X's old car for 1.5 lacs. Forged signature of X in Sale Deed and cash voucher. Cash was given towards purchase of new car under exchange to the showroom so as to reduce cost of new car by 1.5 lacs.
Cash voucher 1.5 lacs of old car sale was signed by Y (forged sign of X), witnessed by 2nd hand car dealer and the sales executive of new car in the showroom. Balance of cost of new car was made by part loan and part downpayment by Y.
In 2011, Y filed Domestic Violence against X making huge monetary demands. Post DV filing and summons, X left house and started living separately.
After DV, X demanded the car from Y's sister but finds that the car is not with her and sister never got it from Y.
My Objectives
1. Recover money along with damages
2. Counter charge to pressurize Y for DV case
Proofs that I have managed to collect after 1 month.
1. New car invoice dated Dec 2009
2. Cash voucher of old car on the same date in dec 2009. My sign is forged here and the handwrting is definitely Y's.
3. Registration of vehicle in new owners name... Copy of RC book... dated Jan 2010
4. The 2 witnesses on the cash voucher are ready to come to court.
My Questions
1. How to proceed... should I file FIR and how, what should be the contents because I am filing after 1.5 yrs of sale of car. Should I file for theft of car or cheating or forgery with an intent of financial harm.
2. Is my case strong or weak based on the facts above. I am raising the issue after more than 1 year. Will the Judge take the view that when the sale took place, both X+Y were staying together hence X was in full knowledge and consent of transaction. X is only raising the issue as Y has filed a DV suit.
3. On what sections should I file a case. Is this forgery or cheating or both. How should I make the case stronger.
4. The new owner of the car is a simple and small shop owner... how to go about the case without putting him in trouble or harrassment.
5. How much can I claim in this cheating case ?
6. How long will this case drag ? what is the punishment for such cases.
7. Will this put pressure on Mrs DV to seek out of court settlement ?
Regards
Rohit
