Srinivasan (Marketing) 16 December 2024

Fir and pcr jurisdiction

Sir, Could you please help me with this query:

I have a on-going civil recovery suite in Bangalore and Plaitiff office and Defendant office are in the same Jurisdiction. During the course of Trail, Defendant produced several fabricated documents (which are fabricated in another state) which we have confronted with the original documents received thru RTI from the another state and later these documents got marked by Plaintiff without objection. The case is still in progress where Defendant has not rebutted with any supporting documents etc... for the fabricated documents submitted by him.

I checked with my Advocate to file Application U/s 340 CrPc but advocate denied the request stating that best to file Police Complaint with U/s 463, etc...

Now the question is to file Police Complaint, the forged documents are from outside state and is produced by defendant in Bangalore court, and also the original documents that we obtained is also from outside state which we got it marked in the evidence, in this situation, what would be the Criminal Court jurisdition to try this case. My advocate says that, we will have to try but not sure about the jurisdiction. Can experts provide any input or suggestion with this. Thanks -

Reply Follow

4 Replies

T. Kalaiselvan, Advocate (Advocate) 16 December 2024

This is an unnecessary effort you are going to take now.

If the documents he filed was not marked as exhibits on oath then there is no question of the defendant perjuring the law.

Also by filing certain documents before court even though they are fabricated, he has not committed any crime, the puunishment for this that he will lose his case.

Therefore you may not get deviated and ultimately get derailed from the main subject by unnecessarily indulging in such unwanted subjects especilly when your case is very strong and the possiblities for success is on your side.

P. Venu (Advocate) 16 December 2024

It is ideal that you wait till the disposal of the suit.

Anyhow, you cannot apprach the police directly as to the incidents in a judicial proceeding. Court alone can take cognisance on its own motion or on the application of the parties.

Srinivasan (Marketing) 17 December 2024

Thanks sir. But the Fabricated Documents have been marked in the evidence by Defendant and also reiterated in the affidavit of Examination-in-chief. Only after this we have confronted these marked fabricated documents with our original documents (obtained under RTI) during the cross for which defendant did not defend with any statements. We marked these original documents in plaintiff evidence.

The reason we have to go for FIR/PCR is, court may take atleast 2-3 years more to complete the trail/judgement and we are not sure if court would order to initiate proceedings under CrPC for these fabricated documents on record. My advocate says that producing and marking fabricated documents in the court would be punishable upto 2 years u/s 465. For this act, Complaint filing time-bar would be 3 years from the date of having knowledge about the said fabricated documents. and that time-bar period expiring in next 2-3 months now.

Also, recent crl.p.9791/2017 decided on 23/4/2024 in which KHC reads that, private complaint is maintanable and it does not amount to double jeoprody if court also comes to conclusion and initiates proceedings 340 CrPC. and both proceedings concurently maintainable. Also to file PCR, my advocate tells that First Police Complaint has to be registered. If police does not register FIR, get a NCR and file PCR in court.

Now only point we are stuck is, where to file Private Complaint. Is it in Bangalore jurisdiction where Defendant resides or different state where the documents have been fabricated. Filing complaint in different state would be very inconvineint for long period of time till case disposal. Thank you sir.