Originally posted by : ramavenu
Originally posted by : T. Kalaiselvan, Advocate
The entire matter including the comparison of the signatures from the rental agreement and other set of documents relied upon will be taken up during trial. If the police have not included the rental agreement in the list of documents, you may while deposing the evidence from your side, may produce the said document and proceed.
Thank you very much for your reply. As suggested by you, while deposing the evidence, the bogus Rental Agreement will be submitted to the court.
Dear Mr. Kalaiselvan,
Thanking you once again for your suggestion. I require certain clarification on the following point & will be greatful if you could furnish.
The Final Report u/s.173(2) by Police confirms the offense by the accused punishable u/s.120(B),406,417,420, 468, 469,506(ii) r/w 109 IPC , but dosen't contain the documentary evidence that has been relaid upon.
Under this circumstances: 1.On the day of 1st hearing, even in the absence of documentary evidences that were relied upon (which have not been enclosed), whether the Hon'ble Court will take cognizance & proceed further?
2. Because of non enclosure of documentary evidences on the day of 1st hearing, whether the Hon'ble Court drop the case/close the Case?(As some local lawyer said that the case will not go beyond 1st hearing & will be dropped subsequently & hence this question)
3.In the event of the closure/dropping of the case, what is the legal options available to the Complainant to prevent such close/dropping of the case? Whether Sec. 173(8) will be of any use?
Kindly clarify the above queries.
Thanks in advance.