498a victim

Querist : Anonymous (Querist) 02 June 2010 This query is : Resolved
hello,
my wife have submitted some forge bill of purchase of jewellery in court which is duly signed and affirmed by that so called jeweller and my wife.

Now I want to file a cheating case against her, that she has submitted forge bills.
What I want to know is...... whether I can file the case right now or wait for her evidence in her cross.

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adv. rajeev ( rajoo ) (Expert) 03 June 2010
in case if you filed the cheating case burden lies on you to prove your averments in the complaint with cogent evidence. So it is better to wait for the evidence of your wife,because in the cross examination you can get admissions which can help to your cheating case.

Raj Kumar Makkad (Expert) 03 June 2010
I do agree with rajoo.

Kiran Kumar (Expert) 03 June 2010
in the 498-A case she will have to prove the authenticity of the bills, one the bills are not proved then u can move against the said jeweller and ur wife for giving false testimony in the court.

Daksh (Expert) 03 June 2010
Dear Anonymous,
The better way is through cross examination only for the reason that either your wife will be calling the jeweller for deposing in the proceeding or you can call him as your witness which incidently is a better option at present than initiating a fresh case.

Best Regards
Daksh

Uma parameswaran (Expert) 03 June 2010
You can move against the jewelery owner also.If it is a forged bill he has to give answer to the tax department also.