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Ramesh Narayan (studeny)     24 September 2017

About forgery case-(urgent)

Hi, I've filed a criminal case on my brother that he forged my signature to get the my share of land from my parents property. Then.the FIR was made by police and charge sheet is also made on him. even FSL report has came,that suggests that my signature is forged and additional chargesheet also made. Now court issued me summons , for the complainant witness statement. Now my question is, After the trail,when court sentences the accused... does accused can appeal to higher courts? if so, am i summoned again to the higher court for statements again? And is there a chance for compromise at this stage(SECTIONS 420,468,469..etc are filed)? Thank you


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 9 Replies

G.L.N. Prasad (Retired employee.)     25 September 2017

The law always permit appeals at any time against decision of lower courts.

There may or many not be official compromises in writing legally, but by weaking the evidence, becoming hostile any suit /appeal /can got be dismissed indirectly

Ramesh Narayan (studeny)     25 September 2017

ok sir.. but, if accused appeals to higher court after the judgement... does higher court summon me again for statements?

G.L.N. Prasad (Retired employee.)     25 September 2017

As far as I know, HC is not a Trial court, and at HC one can defend by appointing a competent counsel.

Ramesh Narayan (studeny)     25 September 2017

That means, applicant/witness need not be summoned by Higher courts if accused person appeals.. right sir? 

G.L.N. Prasad (Retired employee.)     26 September 2017

That is only my knowledge, and I am not competent Advocate.  Hope the expert explains  the law with such section in CPC to convince you.

Jitendra   27 September 2017

You will not be called for making statements in higher court, since, as suggested by sh. G L N Prasad Higher court is not a trial court. However, if your presence is required by the court for any other purpose during the course of appeal then you might be called/summoned.

Jitendra   27 September 2017

Although section 420 of IPC is compoundable at the discretion of the concerned trial court, but sections 468 and 469 are not compoundable. You might need to prepare a settlement deed with your brother as you settle the matter out of the court. Post that you can approach the concerned high court u/s 482 crpc for quashing of the FIR on the grounds that parties have reached settlement. In cases that are of civil nature (like your's) relief has been granted by the court for non compoundable offences u/s 468 and 469 of IPC, and all the proceedings under the related FIR are quashed.

Ramesh Narayan (studeny)     27 September 2017

Sir, under what circumstances witness presence is requried in Higher courts??
Can you give me example?

G.L.N. Prasad (Retired employee.)     27 September 2017

Can some one quote the related section under which a witness/party can be summoned.


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