Certified copies of photocopies
JM
(Querist) 16 October 2012
This query is : Resolved
Two trials going on - civil and criminal for same subject matter (false 498a and divorce). Petitioner has submitted evidence documents in civil case, a copy of which was given to me by their advocate as per judge's verbal order. The petitioner's documents make out a strong case of forgery.
As far as I know, the documents have not been officially "marked" or taken on record. Please advise best course of action if I want to initiate criminal proceedings for forgery in a new case in which I will be the complainant:
1. Submit the copies I have
2. Summon the documents from the civil proceedings
3. Wait till evidence in civil case
4. Some combination or different strategy?
Since I have my entire family involved in this including old people, my preference is to initiate criminal proceedings soon, but at the same time, I don't want to make all this evidence inadmissible and lose the case.
Grateful for your help.
Devajyoti Barman
(Expert) 16 October 2012
Whether the document is marked or not. if you have prima facie proof of its forgery then in the same court you can file petition u/s 340 crpc fr sending it to the competent Magistrate for inquiring of forgery.
V R SHROFF
(Expert) 16 October 2012
If Exhibited, get copies of Doc
Then apply u/s 340
JM
(Querist) 16 October 2012
Thank you. I also have a cheating cause of action. Therefore, I am wondering about a separate counter case instead of one under perjury. How would your advice change in this scenario?
