Legal Question in Criminal Law in India

Sir i was join as a partner in 2011 in partnership firm.

We make partnership deed.

in it one partner is retiring and i m joining.

partnership deed done with notary with two witness.

now retired partner file a criminal complain after five years that i have not sign any document. And we have done his signature.

he was paralise in his right side so he had sign with left hand and made trammers intensely.

So i wants to ask that can any one blame after five years about signature?

And constable and pi saying that partnership deed will send to fsl.

and any query come out than fir will be make by all of us.

And complainent had all done intensely for asking a big money.

so what should we do?


Asked on 1/02/16, 12:39 pm

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Sir

Yes, FIR after 5 years is maintainable, since this is case falling under Section 464, 467, 471 of IPC. However, after 5 years, it prima facie is not convincing that there is any forgery. PI is correct, that document will be send to FSL and thereafter, your further statements will be recorded. Police will also take statement of witness and notary who have attested the documents.

In the meanwhile, what are the grounds of delay mentioned in FIR, as to why FIR is lodged after 5 years. Additionally in this 5 years, there would be facts to prove that a new reconstituted partnership was working. Based on this facts, you can go for Quashing of the FIR u/s 482 of the CRPC before the high court. The scope of 482 is limited.

Feel free to contact me should you have any questions.

Regards

Vivek N Mapara

www.vnmlaws.com

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Answered on 1/03/16, 10:47 pm


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