Grounds of Revision Against Charge
The Charge states creation of a forged bank guarantee on 22.01.2014 but there is no such guarantee on record with the Court. Albeit there is a guarantee format on record, with a different date viz 11.02.14 and that too with overwriting on this date. without any attestation as required in Section 68 of the Indian Evidence Act
1. Is the charge sustainable?
2. Can the charge be challenged by filing of a revision U/S 397/399 CrPC?
3. In view of the Section 216 CrPC does the court has power to amend the charge and correct the date from 22.01.2014 to 11.02.2014 and levey the altered charge?
4. Can the guarantee form be read into Evidence in a Criminal trial in view of the Bar under Section 68 of the Indian Evidence Act?
5. What is a better course? To file a revision or to face the trial and take advantage of the defects in the trial?