Legal Question in Criminal Law in India

A person forged my signature. I gave complaint in police but police took no action after that I FILED criminal complaint in court.
But like proffesinals accused he shows his skills and he file criminal complaint against me u/s 420/406 in same court alleging that=======I faked and I am denying my signature but in fact sign is not facked and written by me. Signature is actually forged by accused .
I have ashok kashyap report in my favour where his opinion is that , signatures are forged and not written by me ?
In my case summon issued against accused u/s 406/420/468/471/506
In his case summons issued against me u/s 420 /406 =====where as yet accused is using my property which property was giving by me for use and he is admitted in his complaint that he is using my propery but he is alleging that he purchased said property. and alegging that signature is done in present of 2 wittness.
My question is ---
1. Is this ground ( repot of handwriting expert) is strong enough for quashing of summons order issued by trial court ?????
2.Many high court and suppreme court orders are evidence in favour of ashok kashyap report( in other cases)
Is reputed private handwriting expert Ashok kashyap report on signatures is valid in view of criminal court of India ?????
** I am ready for any govt cfsl opinion which was possible during trial only*
* 420/406 is not match for his crimainal complaint***

Asked on 8/24/10, 9:50 am

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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reproduce the verbatim contents of f.i.r here for opinion or send a mail.

Answered on 8/24/10, 9:57 am

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Vishwa Arya Arya & Co.

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the criminal cases are for punishment and not for property. You will not get the property even if you win the case. Your role is only to lead the evidence in this. It is state case for punishment. You win he gets the punishment. He wins you get the punishment.

But so far as property is concerned you have to file a seperate civil suit for cancellation of the documents which you claim to have been forged and declaration of those documents being null and void, declaration of you as owner of the property and thus possession thereof.

Answered on 8/24/10, 10:38 am

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