Request advice
Querist :
Anonymous
(Querist) 09 September 2011
This query is : Resolved
NRespected sir,
My wife filed DV in 2007 against me and my partents. She has submitted forged bill in the Hon'ble court to grab the claim by dishonesty for the child education and keep up charges. she has not only changed the amount of the bill but she has tempered with the bill submitted in the court for payment. I moved a application in the court to direct the complainant to summit the original bils for claims to avaiod the double payment as well as to save the time of the hon'ble court. Even after that the direction of the court, the complainant neither gave any reply to my application nor submitted the original bills in the court. I requested the hon'ble court to press the complainant to give the statement in detailed and also certified that the items puchased vide said bills are only for the use of my son who is at present nine years old. In this regards She reconded her statement in the the court and payment was made accordingly.Even after that court also passed the order to this effect only.
As i was knowing the facts becfause i got verified the bills from the owner of the shop and got the copy of the bill too. What i found that she amended the bills as per her wish, the net amount of the bill is Rs. 4660/- where as she madeit to Rs. 5344/- and secondly the items purchase in this bills are not ment for the use of my child, as it is only meant for a baby of hardly 15 to 20 days only. Now i want to file a criminal complaint u/s 200 crpc for the offences comitted by her 419,420,467,468, 469 & 471.
She is habitual offender of cheating,fraud,forging the documents and giving false statement and false plea too in the courts. She never attended any of the court with clean hands. She is already facing the trial u/s 193 IPC and the charges were already framed against her.
One more perjury application u/s 340 crpc is pending in the district court of faridabad.
Kindy advice me what are the sections attracts in this case, so i am going to file a criminal complaint against her in DV. Can i file the same in the same court where she has committed the offences.
With kind regards
Devajyoti Barman
(Expert) 09 September 2011
It is good that for your case that she has forged the Bills.
Now you can entrap her in several severe charges by filing petition u/s 340 crpc in the same court for sending the petition to the Competent Magistrate to inquire and take cognizance of the offenses committed by her.
Raj Kumar Makkad
(Expert) 09 September 2011
Agreeing with the advice of Barman, I further add to call the shop-keeper, who issued the bill, before the concerned court with his original bill book so that he may depose his evidence to the effect that your wife forget the original bill. Once this evidence comes on file, you need not to make much labour and reverse counting shall start against your wife.
Querist :
Anonymous
(Querist) 09 September 2011
Respected sir,
Kindly suggest which will be the better option among 340 crpc or 200 crpc in the same court .
Raj Kumar Makkad
(Expert) 09 September 2011
These two sections are meant to deal with different situations so you have to opt.
