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Chethana (Accountant)     05 January 2017

Proving denied document

Sir, Please help understand steps involved.

IN NI138 case, I as a complainant confronted Accused with several documents. Accused accepted few documents and got marked. Few original documents that are hand-written by accused were denied during confrontation. These documents we got it marked in further chief. Now since Accused denied the hand-written document, who has to prove the handwritting? To get to logical conclusion the handwritting has to be proved. Please suggest options involved. The case is already 6 years old. Going to FSL lab for expert openion might delay another 2-3 years. Thanks. 



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 10 Replies

Kumar Doab (FIN)     05 January 2017

Handwriting expert can prove the handwriting.

prof s c pratihar (medical practitioner &legal studies)     05 January 2017

It is true that handwriting expert will give evidence to prove it.if there is further delay if you and your lawyer agree go to higher forum for speedy disposal.

prof s c pratihar (medical practitioner &legal studies)     05 January 2017

It is true that handwriting expert will give evidence to prove it.if there is further delay if you and your lawyer agree go to higher forum for speedy disposal.

Mukesh sharma (job )     06 January 2017

if accused not accpet than handwritten expert chek those all and prove it 

 

TR NIMADE (AM)     06 January 2017

 

 Dear Sir,                                                              06/01/2017                                           

The same case is with me but it is a family matter in Ahmedabad 

Can anybody suggest the name, contact number and address of any handwriting expert who is residing or working in AHMEDABAD

Regards

 

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 January 2017

You must have other circumstantial evidence to prove the writting otherwise mere expert opinion has no meaning.

1 Like

Advocate R K Tripathi (Advocate)     06 January 2017

Expert opinion(SFL) must be corroberated by Evidence

P. Venu (Advocate)     06 January 2017

The posting is unconvincing. NI 138 is a criminal proceedings. There is no  question of the complainant confronting the accused. What do you mean by "further chief"?

Pawan S (06292021602) (Advocate)     06 January 2017

Evidence of an expert is not a substantive piece of evidence. The courts do not consider it conclusive. Without independent and reliable corroboration it may have no value in the eye of law. Expert evidence is opinion evidence and it can’t take the place of substantive evidence. It is a rule of procedure that expert evidence must be corroborated either by clear direct evidence or by circumstantial evidence.

1 Like

Chethana (Accountant)     16 January 2017

Thanks all for the suggestion. The cheque involves very high amount so we are trying to corner the accused from every side. Yes. accused did admit that he had re-paid some amount to complainant. Immediately they took another different stand and till this time they have presented 4 different versions why they have re-paid the amount. For us, strong evidence is that hand-written document which nails case and it corroborates the payment re-paid and circumstantial evidence. Thax. CHETHAN


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