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Srinivas (.)     25 September 2014

Forgery case

Hi All wife filed 498a and later got bail.we went to court for hearing, my lawyer and court constable told to us, my wife is going to withdraw case, then we attended in court file moved to lokadalat.in lokadalat they given 90 days period. Later we came to know that my entire signature and my parents signatures made on compromise petition by wife and lawyer and court stable. After that wife didn’t attend in lokadalat. Now file moved from lokadalat to Regular court

Now, Is it possible to file forgery case and cheating case on wife and in laws? If so please advise.

Thanks for your time.



Learning

 3 Replies

Tajobsindia (Senior Partner )     26 September 2014

 

Originally posted by : Srinivas
  Hi All wife filed 498a and later got bail.we went to court for hearing, my lawyer and court constable told to us, my wife is going to withdraw case, then we attended in court file moved to lokadalat.in lokadalat they given 90 days period. Later we came to know that my entire signature and my parents signatures made on compromise petition by wife and lawyer and court stable. After that wife didn’t attend in lokadalat. Now file moved from lokadalat to Regular court

Now, Is it possible to file forgery case and cheating case on wife and in laws? If so please advise.
XXX
 

 

@ Author,

 

1. In my opinion neither a forgery nor a cheating case made out reading above 'first cut' brief of yours .


2. Reason being the other party "may have" cause to do only one essential ingredient of out of the three ingredient for establishing the offence of forgery i.e. via call for forensic test you can only prove if comes out true only the first ingredient "the making of a false document or part of it" but what about satisfying the other two ingredients establishing the offence of forgery which are; "such making must be with intent to cause damage or injury to the public or any person ; or to cause  any person to part with property ; or to enter into any express or implied contract ; or to support any claim or title ; and" "it is made with intent to commit fraud or that fraud may be committed ?"

 

3. Reason of no case of cheating made out just because all essential ingredients of the offence of cheating are also not made out which are; Deception of a person either by making or misleading representation or by other action or omission; Fraudulent or dishonestly inducing the person - a. to deliver any property to any person ; or b. to consent that any person shall retain any property ; or Intentionally inducing the person to do or omit to do anything which he would not do or omit if he were not so deceived , and which act or omission causes or is likely to cause or harm to the person in body, mind , reputation or property.


4. Factually what happened is that the Lok Adalat did not pass any Order based on alleged to be forged compromise document which you mention in your brief, instead your wife did not attend the Lok Adalat proceedings for 90 days and hence the parties case was returned back to Court to proceed in accordance with Law thus other two essential ingredient to prove a case of forgery are not said to have been made out (challenged by you) leave aside none of the three essential ingredients of the offence of cheating are said to have been made out. 


[Last reply]

Srinivas (.)     26 September 2014

Hi Sir,Can'not we take any legal action on forgery signatures? Please advise.Thanks for ur time.


(Guest)

If you dont have any work to do, file forgery case and etc case on your wife and company.


It appears that TAJOBS reply was not understood by you.  That's the problem with lengthy replies.


Now did your wife withdraw 498a?  If yes, then congrats.  If she has not withdrawn then you will have to fight the case out till the end and then  come out clean depending on the merits of the case.


Another option would be to pay her lumpsum money and then ask her to give you divorce and also withdraw all false cases against you.


Another option is to take her back and listen to her, she also happy, your parents and relatives will be tension free, as she will  take back all the cases against you and related people, her parents will be more than happy, what about your happiness, who cares about it?


All the best.


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