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Nirmal Joseph (Medical Practice)     23 August 2008

Criminal Suit for producing fake document in Civil Suit

Hello Friends,

In a civil suit, one has produced a false document under the heading ‘list of documents’. Is it possible to initiate a criminal suit against him while the civil suit is in the court or should I wait for the outcome of the civil suit? If the offense is proved in the Criminal Suit what would be the minimum punishment? And what would be the effect of the outcome of the Criminal Suit in the Civil Suit?

Thanks!



Learning

 27 Replies

GOPI KRISHNA (ADVOCATE)     23 August 2008

you are in a hurry, 1st wait for the outcome of the case as well as findings on the resurvey plan produced by the plaintiff, if the court makes an observation/finding against the plaintiff with respect to the false plan, then the defandant can go for criminal case, otherwise weak case for defandant

Ajay kumar singh (Advocate)     23 August 2008

You need not file a criminal case. Correctness of the document may be challenged in the civil suit itself.

kashi nath shukla (advocate, )     24 August 2008

It will be better to wait for the outcome of the aforesaid suit thereafter file a criminal complaint

kumar sachin (lawyer)     24 August 2008

its better to wait for the outcome of the case and what u can do at the present is that prove before the present court, with evidence, that the document produced/ filed by the petititoner is a forged document then the court, if satisfied and convinced can itsefl initiate proceeding against the person who filed it and a case shall be registered on the courts initiative before the CJM.

Shailendra prasad singh (Lawyer)     25 August 2008

hi nirmal


if u r sure the document presented by the party in civil suit is fake then u must go with criminal case against the party who presented such d'ment but if u go with criminal case u  must p' ve the d'ment presented by accused is fake by the way of  documentry evidence upon affidevit .Secondly u will challange the document presented by the party on civil suit with cogent evidence.


i prefered u second way. 

K.C.Suresh (Advocate)     25 August 2008

Dear Nirmal, You can proceed with criminal case with the leave of the court as the mother issue is pending before a court.

Kiran Kumar (Lawyer)     25 August 2008

well prior to go for criminal proceeding,


concentrate on the civil suit, challenge the veracity of the said document in the suit itself.


as far as criminal proceedings are concerned, Sec 193 IPC is always there to ur help (punishment for giving false evidence), if the document is tempered one then other penalities under Ss. 420, 467, 471 etc. is always there.  but at present concentrate on civil suit.

MANISH (Advocate)     25 August 2008

Helo Mr. Nirmal,


The answer for your question is that  -   "YES".  During the proceedings of the civil suit, you may file an Application under Section 340 of Cr. P.C. read with various provisions of IPC beforethe Civil Court where your civil suit is pending adjudication.  The cour will either take cognizance of the offence itself, or it may commit it tothe ACMM, CMM, or CMM as the case may be in your state or Metropolitan city.

1 Like

dilipsingh (legal officer)     25 August 2008

yes during  pendency of the civil suit you can file the criminal complain but side by side put objection to the document produce and file a affidavit for it that will weaked the case of  your opponent. and put your oponent to reconsider his case.if you are absolutetly sure.

Guest (n/a)     25 August 2008

yes you can file a criminal suit against that person because making fake or false document and presenting in the court is a criminal act, you can file a application u/s 340 cr.p.c in the same court where that docu. is presented, court will register as mis. case and transferred it to some other court.

Ravi Arora (Advocate)     25 August 2008

yes you can file a criminal suit against that person because  fake documant  presentig in the court is a criminal act, you can file a application u/s 340 cr.p.c in the same court where that fake documant is presented. court will register it as mic. case and transferred it to some other court.

prof s c pratihar ( urologist &legal studies)     25 August 2008

dear dr joseph


                            false affidavit before a court is a purjury and civil court can institute proceedings if you can prove that.order passed by civil court,criminal court can take cognizance and vice versa not true.if any cognizable offence is discloged before a magistrate he is bound to take cognizance crpc s.190.dr sc pratihar

Jithendra.H.J (Lawyer)     19 March 2009

producing the false document is the offence against the court, the court has to initiate the criminal proceedings.

B.N.Rajamohamed (advocate / commissioner of oaths)     21 March 2009

First you prove through your civil suit that the document produced is a false document . Then a prosecution shall be lodged for giving false document in view of section 195(1)(b)(ii) of Cr.P.C.


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