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nitin (SR)     07 June 2012

Fsl report.urgent

Plz Help...i am currently in litigation with a bank where my former  partner  together with some unscrupulous bank employee forged my signatures on certain loan documents after the dissolution of the partner ship and after he took over the loan liability in the dissolution deed .The  forged documents were executed after three years of the dissolution. The signatures were disputed  by me and after the intervention of high court were ordered to be sent for comparison to a forensic lab through the trial court. But I was astonished to find that the report says that the signatures match with my signatures on the other documents executed 3 yrs back. But I know that i never executed those docs for sure I know the report is absolutely false. I consulted two document examiners who retired from high posts in FSLs and two govt examiners from other labs(who could not believe the report  but  say they cannot help me in court )also say that the signatures are forged and may be the  expert  who submitted the report was bought over or influenced by the rich opposing party. 

Now what is the course open to me ,My lawyer says he doesnt know what to do.How can I prove that my signatures r forged .how can I secure a second opinion govt or otherwise and convince the court that was initially also reluctant to send the docs for comparison.Please help me out .I am going down if the crooks have their way..I swear that the signatures r forged .............



Learning

 5 Replies

Dr G V Rao (Advocate)     07 June 2012

No need to swear. The report given by a handwriting expert is not evidence but an opinion only. Reports of FSL have to be proved under Sec. 293 of Cr PC on the floor of the Court. In handwriting cases you are eligible to get the signatures examined by your expert also and take his opinion. If your expert gives a conflicting report then you can put the two experts for cross examination. The best opinion wins. Nothing to worry. 

N.K.Assumi (Advocate)     07 June 2012

Nicely respond by Dr. G V Rao. Fsl report is not a gospel truth and must go through the scrutiny of the court according to law as above.

nitin (SR)     07 June 2012

can section 293 Cr.P.C be  applied in civil cases also or only in civil cases

 

Dr G V Rao (Advocate)     08 June 2012

S 293 Cr PC is about reports from FSL's and other agencies which are treated as evidence and can be used in Civil Cases too............For example a report on DNA testing is given in a paternity case in a maintainence case, which is a civil case, the DNA reports of FSL are given under Sec 293 Cr PC. You can see that mentioned on the top of the DNA report. So please go ahead and find an advocate who has the skill and experience to take on the other side instead of prolonging the matter.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     13 June 2012

Dr. Rao, it is a great service.

 

The problem is in deed terrifying.

 

In this context, I just want to add: "Hypnotisism causes one to forget one's own self and act at the dictates of the hypnotiser". - I AM NOT SUGGESTING ANYTHING AT ALL. BUT, just have recorded a fact because it would be better to get prepared for all sorts of situations than face an embarrassing situation in the court.


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