johnpaul21 (managing Director) 11 May 2015

Validity of forged photostat copy submitted as evidence

I am a petitioner in case before Civil Court. The case was filed for getting injunction in a Company Matter. Later in the same matter but diffrenprayers a case was filed before CLB. Before CIVIL COURT Opposite party has filed several copies (Photocopies) of ledger account signed under affidavit of an imposter claiming to be accountant. These are fabricated docs and there is evidence to prove the same. Now they also understood that they are totally exposed. So opposite party approched High Court and has obtained stay order citing parallel proceedings. though we approched higcourt they have asked to withdraw parallel proceedings and we want to continue with the proceedings before CLB.

Though these photostat documents were submitted they are not marked by court as Exhibits. Even when we applied for certificate copies the officials are not proiding the same citing that these are only photo copies and you cannot obtain certified copies of the photostat.

My qn are

1. Can I file case under sections of IPC for production of false evidence?

2. Will the court consider the same as false evidence before marking them as exhibits?

3. How to obtain certified copies of these documents?

4. Will criminal case with respectto production of forged documents stay even if the civil case is withdrawn

Thanks and Regards

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2 Replies

Hardeep (Business) 11 May 2015

AFAIK :

1) Yes, you can and should. Look at S. 340 and S. 195 IPC.

2) You will have to prove this to the Court. Court will give opportunity to the Opposite Party to explain.Atrguments will be held and only then will court decide one way or the other. S. 340 proceedings are an independent proceeding altogether.

3) Certified Copies of any documents produced by any party in a case you are also party to is your right.Court just has to cerifiy that these were the photostat copies they got, not as to their authenticity or otherwise.This is - as far as Consumer Forum is concerned - by means of an appropriate Stamp on the photostat of the Documents submitted. If you are not getting the same, perhaps there is collusion and you should immediately bring this to the notice of the Judge. Put an application in writing to the concerned, let vthem deny in writing and then make an interim application to the Judge.

4) Case under S. 195 and S. 340 is a seperate proceeding so withdrawl of civil case should have no bearing on it AFAIK.

Perjury is the bane of Indian Legal System. You should ask for the most stringent punishment - this will, howeverf, depend upon how " material " the evidence was to the " cause of justice"

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