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(Guest)

Using a forged cash receipt in court

I made invetment in a firm  to become partner in 1995.he was found a fraud person. I filed FIR.This person fabricated a  casg recipt of mine for Rs 50000 to show that I have settled matter with him and dissolved partnershoip.this was given to polcie but they filed chalan.Trial court also did not rely on it and convicted him.He again used this in civil court later in my money recovery suit againsy him.Again it as not relied on and full amount was decreed in my favor. This person later got acquitted by session court.Again he has used this receipt in cross examination of mine.Agains court did not rely and his malacious prosecution suit was dismissed in my favor.

But question  is a person is openly using repeatedly a fabricated receipt and gets away.NO court started complaitn agaiunst him for using false document in trials.

What can I do.What procedure and law is provided? How we can start a complaint by the latest court which dismissed malacious prosecution suit in this february.Will this person go free after fabricating receipt and not getting punished for this?

Please inform relevants sectiosn and procedures



Learning

 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 August 2011

Against the acquittal order have you preferred any appeal in the high court?  If not prefer an appeal


(Guest)

Ofcourse I have  preferred appeal in High Court.Iam awaiting listing.But that is not my questionb.I ewant xourt to take action for using forged receipt in judcial proceddings not only in one court but three courts.The last case was pronounced on 26-2-2011 

TARITMATHUR (associate)     12 August 2011

dear, 

 you have to pray before court concern to give specific finding regarding forged receipt ,and take action u/s 340 cr.p.c. 


(Guest)

Have I to attend court on every date.beacsue this is going to be complaint by court and besides thye have to send receipt tpo forensic lab first which will take 2 years.What will be my role? I dont stay in chandigarh where crime took place

Sudhir Kumar, Advocate (Advocate)     27 November 2011

As per your version the person is already convicted for forgary and he is stupid enough to keep using the document proved to be forged.  It appears you can file case of malicious prosecution as well.


(Guest)

Thanks.But he was not convicted of forgery but for cheating and crminla breach of trust and issuing me false affidavit.The cash receipt forged by him was not accpeted by court.But no forgery  finding was given>Same thing in civil court for recovery.The forghed receipt was ignored and full amount was decreed in my favor.But this fellow keeps using this forged receip[t in other cases in his evidences.I want him punished for this act.First for forgeing a receiot for purpose of cheating and then using it in all these courts as evidence. Can the court in which it was used latest, on my application u/s 340  move on my appiication and send its complaint to a magistrate for takign congisance and trial? It is important such crminals are braught to book

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 November 2011

Then keep following it in Higher Courts.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Advocate)     28 November 2011

Giving half facts is sure way to get wrong advise. you earlier said "This person fabricated a  casg recipt of mine for Rs. 50000 to show that I have settled matter with him and dissolved partnershoip.this was given to polcie but they filed chalan.Trial court also did not rely on it and convicted him."  if this is true then the validity of foreged receipt stands decided and I think so far you have not charged him for forgary and charged him for cheating only.  The bloggers here cannot take place of your lawyer beofre whom all papers are there.

madhu mittal (director)     25 April 2012

Respected  Professor Sir sh.R.K.Gupta,

It is not only you, but many of innocent indians are facing the problem, that you are facing, court is least interested in prosecution for forgery.  I am givining you the citation of the Supreme Court in this regard, it may help in solving the questions you have raised, and I suppose you will be satisfied regarding what to do after going through it:

MANU/SC/0197/2005

Equivalent Citation: (2005)4SCC370, AIR2005SC2119, JT2005(3)SC195, 2005(II)OLR(SC)102,2005(1)UJ675(SC)

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 402 of 2005 (Arising out of Special Leave Petition (Criminal) No. 4111/2000) with Criminal Appeal Nos. 904 and 1069-1070/1998

Decided On: 11.03.2005

Appellants: Iqbal Singh Marwah and Anr.
Vs.
Respondent: Meenakshi Marwah and Anr.

Hon'ble Judges:
R.C. Lahoti, C.J., B.N. Agarwal, H.K. Sema, G.P. Mathur and P.K. Balasubramanyan, JJ.


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