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phani (software)     30 April 2014

Fabricated white paper

Four years back I gave signed blank white papers to one of my relative for education loan purpose and after that loan approved and he and his wife are the guarantors for the loan.As I was going abroad for education so he asked me to give signatures on blank papers in a white note book one side and cheques for the loan purpose so i gave after that I finished my education and for a vacation I went to india and asked about the papers they told they misplaced some where i belived them and i sent him money for buying the properties in India that person acted so cunningly and told me to give him general power of attorney for one of the plot so that if the rate goes he will sell that plot and will give back me the money I trusted him and gave him the GPA after I went back to abroad I called him he told me plot rate went down like that then I got a doubt and came back to India and cancelled the GPA and went to abroad and told him about the cancellation of GPA but he so cunningly registered that plot using my GPA to his wife as my GPA agent.After we came to know about this we made a suit in civil court.In the civil court he used one of my blank signed white paper and fabricated as compromise agreement with two of his friends as witness and scribe as document writer.Here what happens his he plucked the pin from the long note book and prepared the document.once you pluck the pin from long note book it will be like two pages with four sides with middle pin holes. on this document of four sides the front side of first page is empty and he started writing from the back side of first page and ended on above of my signature on the second page front side and the second page back side is empty as a compromise agreement and he attested witness to the right hand side of my signature and scribe signature under my signature.and he did not sign the compromise agreement they wrote as like "I gave the compromise agreement to him in front with help of elder people and witness" his signature is not there. and in this suit we asked him about the money also that I sent to him as he did not buy any plots other than the one.In this compromise agreement he wrote as per my words "He settled all the accounts and gave me the money back of 30 lakhs in front of elder people and I sold the plot to them

We asked judge to send to expert for age of ink but the judge dismissed our petition

Next step even we call the witness and scribe they will tell the evidence in favour of them only.
1)Is compromise agreement must be signed by two parties or only one party signed and give it back to other party is it valid?

2)Is signature on back side of first page need or not because signature is there on second page front side but not on the first page backside.

pls help me with your ideas.



Learning

 3 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     30 April 2014

You said that the petition filed by your side to send the disputed document for expert opinion was turned down by the court. Then, why don't you go for revision or appeal to challenge the said order in order to send  the same for experts opinion.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     30 April 2014

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 May 2014

I think your case was in a civil court. But what your opponent allegedly did is a criminal offence and you should make a criminal complaint in a criminal court and pray for forensic examination of the documents.


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