Forgery of a document

DJPoint (Querist) 27 November 2011 This query is : Resolved
A gives B a pronote without stamps affixed on it, but it is signed, and filled out with appropriate information about money etc.

Two people saw that the pronote was without stamps when it was given to B.

Now B, after 2 years, affixes stamps on the pronote and makes it a part of a civil suit under order 37 of CPC for the recovery of money from A.

Now my question is since without stamps, the pronote is invalid, and if B affixes stamps on it, and since those stamps have not been cancelled by A according to the Stamp Act, so can we call this forgery? Can B be prosecuted under the sections of Penal Code for forging a document and then using it?

A document that was invalid earlier due to the absence of stamps, is made to look like valid by affixing stamps on it but it still lacks the signature on those stamps to cancel them, and then that document is being used in the court to extract money from A. Can we call this forgery? If so then kindly tell the reason, and if not then please do explain why not?

Thanks.

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V R SHROFF (Expert) 27 November 2011
Pro note is never witnessed, or attested by witness
Court allow payment of deficit court fee/ sd , once doc is proved.
Two people can be interested parties, or managed one:
because usually pro notes are used by money lenders, and to recover their money, they adopt any such tect.

Advocate Bhartesh goyal (Expert) 27 November 2011
A admits execution of Pronot so no criminal case is madeout.merely affixing stamps is no forgery.B can not be prosecuted.