vish_bg_kar_in (Eng) 02 December 2015

Forgery during registration of society

Respected Sir/Madam,

let me start with introducing the various parties of this case
1. A Society under KSRA : S1
2. Group of 11 people : G11 (AG6 + VG5)
3. Group of 5 people victims (part of G11) : VG5 (All still alive)
4. Group of 6 people (part of G11...other than in VG5) : AG6 (1 demised rest 5 still alive)
5. Group of 5 people new : NG5 (all alive)

Below are the events that have happened from 1997 till date :
1997 : S1 is registered under Karnataka Society Registration ACT. With G11 on governing body.
Signatures of VG5 have been forged on the covering letter, memorandum & Rules and regulation documents.
VG5 have been shown as directors of the society during registration and
have been shown as directors continuously from 1997 till 2005 in yearly
general body meeting proceedings & list of governing body members of the society
for specific year and VG5(victims) signature have been forged on the documents...
that have been submitted annually to the registrar.

2005 : VG5 have been shown as resigning from the post of directorship due to various reasons,
by forging their signatures on individual resignation letters and new 5 members (NG5) have been
elected as directors in their place (till date these 5 new members (NG5) continue to be on the
governing body as directors)
(Even the resignation letters of VG5 with forged signatures have been submitted to the registrar)

2014 - One member of AG6 demised and new member elected

The society is still active and since its inception has gone ahead and established various educational institutes.

All of VG5 (victims)
1. were not aware that they were even associated(members of any kind) with this society in
any way...but they knew that S1 existed.
Other than the name of S1 ...they had no specific knowledge like members/directors/etc.
2. were not aware of this criminal act until few weeks back when the documents related to the society
right from its registration date till current year were obtained through RTI.
3. have not attended any meetings of this society from inception till date.
4. have not set foot in the office of this society or any of the educational institutes run by this society
5. Suspect AG6 did forgery during registration(1997) and later colluded(2005) with NG5 to do forgery
on resignation of VG5 and elect NG5 as new members of governing body.

Please advice on
1. how to proceed on this?
2. Since the act was committed during 1997 to 2005. Can a complaint be filed now?
3. where to file a complaint?
4. What supporting documents/evidence need to be collected/produced to support forgery complaint?
5. Once complaint is filed can it be taken back?
6. demand cancellation of registration of the society
7. will all the members of governing body(from 1997 till date) be held responsible collectively for
the criminal act.
8. can VG5 (victims) claim any compensation...who are undergoing psychological trauma after they found
out about this criminal act?
9. what is amount for which compensation can be claimed?
10. What will eventually happen to the educational institutes started under this society and the
assets of this society?

Appreciate for your valuable time and advice on this situation.

Thanks

Reply Follow

3 Replies

Adv. Yogen Kakade (+ 91 9225510883) 03 December 2015

Hi,

As you have found this forgery now.. you can take legal action against the same.

You can file a complaint at the office of commissioner and registrar of co-operative society in your district.

Adv. Yogen P. Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in

vish_bg_kar_in (Eng) 09 December 2015

Thanks for the response.

The AG6 are politically and financially very powerfull...have a reputation of bribing thier way out...

AG6 have ensured that the witnesses (present during registration) is on thier side.

for VG6 evidence will be forensic opinion only and thier own statement. Rest all will be against them. Will this case even stand?

(Note: AG6 & VG6 are already in a partition suite from last 6years.)

What other strong help/support can VG6 avail so that this criminal conspiracy against VG6 & various gov departments be brought to justice?

Can Lokayukta/CID/CBI/Department Vigilance wing be approached on this?

VG6 are worried that AG6 will use all its politcal/money power to influence all related gov dept that will come into the picture and win...and later further harass VG6 by filing defamation suite, false complaints, etc

Note: VG6 are all women and leading middle class/lower middle class life. They are afraid that AG6 might harm them/their family members.

vish_bg_kar_in (Eng) 11 March 2016

In above case VG5 (victims) lodged a complaint clearly stating that the facts that forgery has happened during registration & functioning of the society... with

jurisdictional police station
superintendent of police (SP) of the district
District commisioner

though the complaint highlights cheating, cheating by impersonation, forgery for purpose of cheating, criminal conspiracy and highlights abeting others to be part of the crime.

the supporting documents produced at jurisdictional police station during filing of complaint where forgery has happened during registration and functioning of the society clearly show they are not original signatures of VG5 and also vary from page to page...where signatures have been forged.

the docments where singatures of VG6 have been forged even a common man can clearly make out the huge variation between original signatures and forged signatures.

the Police (SP office & jurisdictional station inspector) did not file FIR, sent away the complainents stating that they will investigate into this and have silently closed the case stating this is a civil case and asking the complainants to approcah court. Also in the closing statment by police they have highlighted a wrong name of entity -- complaint is on ABCD Education Association (R)...but police in closing statement have shown complaint is on ABCD Trust

The police did not call the complainents to discuss on this case before closing this case and also till date have not communicated to complainents on the case status. (the status was looked up in state home department website by the complainents)

Even the SP office has responded stating this is a civil case even without asking the complainents for any kind of documents to prove thier complaint.

As per what i have read online...this case clearly attracts IPC codes which are cognizable and non-bailable...but still terming this as a civil case by police has been very surprising and shocking.

This behavior by police officials (SP office and jurisdictional police station) clearly leads one to suspect that they have colluded with the accused and have acted in their favour.(derelection of duty)

It was with great courage the VG5 all women took a bold step to go lodge a complaint and this outcome has further shocked & frightened them.

After the police complaint was lodged the accused have threatned family members of the VG5 over phone/SMS/personal intimidation

the District commisioner has forwarded the complaint to District Registrar and it has been 2 months and yet no communication from District Registrar.

Please advise
1. if this is right proceedure followed by police department?
2. is this a civil case? (and no dereliction of duty by police)
3. if this is right proceedure followed by District commisioner and District Registrar?
4. what should be the next steps by VG5?

prior to giving complaint to police VG5 were frightened of the accused ...now after above development they are even more frieghtened that if they try to escalate this further there might be a bad reaction by police since VG5 suspect that police might have colluded with accused and closed this case as a civil matter.

Thanks in advance for your valuable time & advise on this.
(Note: i am not a law student or a lawyer...but a common man have been reading online about Law/IPC/etc after landing in this situation)

Forgery during registration of society

3 Replies

Leave a reply

Recent Topics

Related Threads

Popular Discussion

Browse by Category