Legal Question in Criminal Law in India

Can I be helped in the case charged against me under section 406/34,420. The case is false, now in the session court.In the case the applicant prepared two receipts that he has given me Rs. 4 lacs in two instalments in the year 2001 .Each receipt of two lacks has the stamp of my firm & my signature. But I have never taken any money from him and never given any receipt. To my knowledge he has used my signature from any other document and prepared the stamp of my firm.In 2003, His advocate given me a notice of recovery with 18% interest and a reminder after 15 days which I never replied. In 2005 he filed a criminal case under section 406/34, 420 (criminal breach of trust (amanat me khyanat).Earlier he has also given an application in the market committee for the recovery with 18% interest.Now my advocate says that it is a case or recovery and not a criminal case . Now I want two know that is there any law in my favour in such a circumstances.How can it be a civil suit or criminal suit. the receipts prepared by him are on plain paper . He says that he has entrusted the money to me.


Asked on 1/31/11, 6:26 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case he forged your signatures and also fabricated the stamp, then you may produce the documents signed and stamped by your during that period only to show that the stamp is fabricated. did you reply the notice that the signatures are forged.

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Answered on 1/31/11, 9:23 pm
Shrichand Nahar S.V.Nahar, Advocate

Consider sending those receipts for expert examination.

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Answered on 2/01/11, 12:38 am


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