Legal Question in Criminal Law in India

someone forged my father's signature in a registered firm to retire his partnerhip in a specific bussiness firm in 2001.At that time my father was seriouslly ill as his heart pumping reduced to only 22% and was having a major paralyses attack so we didn't took any action as it could endanger his life.i was a minor at that time.

now he's no more as he died this september.and i want to file a case against that specific man.i have that retirement deeds photocopies & i have sent those copies with my dad's passport,driving licence,pan card,some other documents of my father to reputed laboratory for comparison.The report of reputed laboratory says the signature's forged.

Now, i have seen my fathers income tax returns that specific man does not have even given my father's credit balance in the firm.i have no witnesses with me.

i would like ur advice regarding following questions sir:-

a) Can i file a case in court of law?

b) which kind of case would it be(criminal or civil)?

c) under what indian penal code act does it come?

d) what should i do now?

e) do i need any other kind of proof's and if yes what are those?

i would be really thankful to u


Asked on 12/18/10, 2:21 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

a) Can i file a case in court of law?

Yes.

b) which kind of case would it be(criminal or civil)?

It can be both criminal as well as civil. However, Criminal would be better and there would be hardly any cost involved.

c) under what indian penal code act does it come?

420, 467, 468, 471 IPC

d) what should i do now?

You should start with filing a criminal complaint with the local police. However, if for any reason, the police fails to take any action, your remedy would be to file the criminal complaint with the magistrate of your area. You must file along the report of the handwriting expert. You must also say that the offence is continuing and therefore there is no limitation.

e) do i need any other kind of proof's and if yes what are those?

you must file the document on which the forgery has been committed. file the documents showing original real signature. Your statement would be more than enought. However, it would be important to include father's health historty to explain latches.

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Answered on 12/18/10, 10:12 pm


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