Fraud on an affidavit

samrat chowdhury (Querist) 03 March 2012 This query is : Resolved
My query is very short. I am the plaintiff,
I have filed a suit for Declaration and Permanent Injunction, along with an application under Order 39 rule 1 and 2 read with section 151 of the C.P.C. The said application was moved and the Learned court passed an ex parte ad interim order of injunction and ordered the defendants to show cause. The defendants entered appearance and filed their affidavit in opposition in connection with the said application, along with certain documents annexed thereto. One of such document was with my forged signature. My question is, is there any provision under which I can make an application before the learned court trying the suit, for taking judicial notice of such forgery and also file a complaint case under section 200 CrPC before the criminal court for taking cognizance under section 340 CrpC for offense under section 195 IPC...? please let me about the procedure. I am appearing in person in the instant case. I would really appreciate if my query is answered in a bit detailed manner. Thank you.

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Adv.R.P.Chugh (Expert) 03 March 2012
Mr.Chowdhary,

Since the forgery has been done with respect to a document filed in a court of law - it becomes an offence against public justice - and not just you - and that is the reason the law does not take cognizance on your complaint rather asks the court to make a complaint after a preliminary inquiry under section 340 CrPC.

Make an application under the same before the court - the court may either make a complaint if it finds a case or would proceed further - in the latter case it would still retain powers u/s 344 to punish the perjurer summarily at the time of final decision.

s.subramanian (Expert) 04 March 2012
Yes. I fully endorse the view of Mr.Bharat.

Guest (Expert) 04 March 2012
I agree with Shri Bharat Chugh. Since the fraud is on the judiciary system, not on you, except bringing to notice of the court by application about perjury on the part of the party, you cannot file a case against the perjurer. Your duty will be over when you have bring to the notice of the court. It is up to the judge to consider the perjury case and penalise appropriately the fraudester for concealing the facts and misleading the court on oath.

prabhakar singh (Expert) 04 March 2012
To my reason the party has filed the document claiming it to be signed by you which you do not admit it to be yours,then it is an issue before the court to be decided after conclusion of evidence as to which of the two version is correct and until the court records a finding in your favor that document does not bear your signature and it is forged one,you can NOT pray court to move against perjurer.I think court shall not entertain any such prayer at this stage.

Private complaint or FIR was possible only if it could have come to your knowledge before it was filed in the court.

Raj Kumar Makkad (Expert) 05 March 2012
I endorse the views of experts as expressed above.

V R SHROFF (Expert) 05 March 2012
Apply Court to examine the produced Document by Expert. Once court receive Report, Move to complain as decided by you for forgery.