Upgrad LLM

documentary evidence


Sir,

An accused has made a bogus agreement with complainant's signature for wrongful gain. The complainant came to know about that & has obtained a copy of it through a reliable source. As the signature appeared in the bogus agreement is not his signature, he filed a complaint with police. In turn police have filed FIR & then charge sheet after  investigation by IO in the Magistrate Court. But the charge sheet dose not contain copy of the bogus agreement /expert opinion on that. In such case what is the fate of the case when it comes for hearing & what legally can be done to include them in the charge sheet? Please guide me.

Regards & thanks in advance,

Rama V

 

 
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Lawyer at Supreme Court of India

Dear, Under what sections the chargesheet has been filed .....? Kapil Chandna Adv 9899011450
 
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Advocate

Yes, I also want to know under what section Charge sheet was filed and what kind of agreement  was executed between the party, which is more of a civil nature.


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Lawyer

File a protest petition before the trail court stating entire facts and ommission on the part of police/ Investigating agency.


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Originally posted by : Kapil Chandna
Dear,

Under what sections the chargesheet has been filed .....?

Kapil Chandna Adv 9899011450

Sir,

Thank you for your reply. The charge sheet is u/s.120(B),406,417,420,468,469,506(ii),r/w.109IPC.

Regards,

Rama

 
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Originally posted by : N.K.Assumi

Yes, I also want to know under what section Charge sheet was filed and what kind of agreement  was executed between the party, which is more of a civil nature.

Sir,

Thanks for your reply. The charge sheet is u/s.120(B),406,417,420,468,469,506(ii) IPC r/w.109 IPC. It is a bogus Rental agreement. One of the accused is a tenant of the complainant's commercial premises & the tenant was asked to vacate for demolition & reconstruction of the property with a notice period of 6 months.

The other accused who is not a tenant of the complainant's commercial property, made the Bogus rental agreement & forged the complainant's signature as though he is the actual tenant. With that bogus rental agreement, he obtained a license for running his business at that premises even though a license is not required for that business. With that bogus rental agreement & the License towards the proof of a tenant & running his business in the suit premises respectively, the 2nd accused filed a civil suit against the complainant for permanent injunction. For obvious reason, the 1st accused could not file the civil suit & hence instigated the 2nd accused to file the suit. The civil suit is being contested by the complainant through his counsel.

. On obtaining copy of the civil suit documents, the complainant came to know about the commission of the criminal offences by both the accused & filed the complaint with police. While filing the charge sheet, the police have not enclosed a copy of the bogus rental agreement  along with other documents submitted for getting the license which are the proof of  offence commissioned by the accused.

Please advise what could be done to overcome this defect .

Rama

 
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Originally posted by : Dr J C Vashista, Advocate Delh

File a protest petition before the trail court stating entire facts and ommission on the part of police/ Investigating agency.

Sir,

 Thank you very much for your suggestion & the same will be followed. Kindly let me know when  the protest petition to be filed  ie. on the day of hearing or well in advance.

Also please let me know - just for my information- what will happen to this case  on the day of hearing in the  absence of the protest petition .

Regards,

Rama V

 
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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.


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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.

Dear Sir,

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.

Rama

 

 
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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.






Dear Sir,

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.

Rama

 

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.

Rama Venu

                                                                                                                           .

 
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