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exorbitant (xyz)     14 June 2015

Expert views are required – forged ledger account

Hi All,

I would appreciate all of you if I can have your views on the following issue

1. In a case, a Ledger Account has been submitted by the complainant to the police during the course of investigation. This case is pending trial against me and the Ledger Account belongs to me. (Copy of the Ledger Accont attached

2. This above said Ledger Account has been filed by the police along with the charge sheet and now is the court document.

3. There are many false and fake cash entries made by the complainant in this Ledger Account. For example. “Cr” or “Dr” caption is omitted in the fake cash entries; there is no voucher number against the fake cash entries which are allegedly paid to me. The date format is not uniform throughout the whole Ledger Account.

4. The complaint had made many fake cash entries in the actual Ledger Account and thereby forged the above said Ledger Account and submitted it to the police during the course of investigation.

5. When this fact came to my knowledge, I filed an application U/s 340/195 of Cr.P.C before the same court challenging this document.

6. The above said Ledger Account has not been marked yet.

7. The above said Ledger Account is computer generated.

In the view of above mentioned facts, what can be the scenarios? I am exploring all the scenarios where the complainant claims the same Ledger Account to be true. If I claim the above said Ledger Account to be forged document. If the complainant does not claim the above said Ledger Account it has not been marked as evidence in the court. What are all possibilities? Kindly guid me how to proceed in such different scenarios.



Learning

 2 Replies

Dr J C Vashista (Advocate)     14 June 2015

The prosecution through the evidence of complainant is required to prove geniuneness of its entries, which can be questioned in the cross-examination by your lawyer. On the other hand the complainant should be put throgh the original entries by your counsel. It is very easy to bring the truth to surface and catch hold of fakeness.

Once proved to contain fake entries, the court  is bound to acquit you and frame charge against complainant u/s 340 Cr PC.

Biswanath Roy (Advocate)     15 June 2015

Evidence itself is the Judgement .  Fight the case by engaging a prudent lawyer with an assistant who is a Commerce Graduate.


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