Legal Question in Civil Litigation in India
Hello Sir,
FIL gang forged my mother's signature on a promissory note and filed private case in a civil court based on that court gave injection order based on the fake promissory note(how is it possible).
based on the injection order FIL gang people anounced in the town saying that "no one should buy the house".
The witness people all are their people only. There is no material evidance unless the forged promissory note.
they are telling they know me but i don't even know anyone of them. in their explanation they have mentioned that they asked my mother many times for the money which is false.
is there any possibility to ask for police enquiry about he Forged Promissory Note
actually my lawyer submitted explanation saying that there was a 498A background for this case.. it is forged promissory note... and filed a petition to send the pronote for expert verification..
judge asked the opposit lawyer to bring their witness for cross examining..
they did not attend to the court for 8 times(for 1 year)
finally my lawyer asked the judge to issue warrent for them
after all the witnesses attended and gave their statement saying that we don't know her and we can't recognize her now.
Statement:- "while we were going home after work they asked me to sign on the promissory note"
Fake Promissory Note Persion Statement: "my father and her husband were studied 10th class in same school. Now they both died"
(around there was no transport facility, in 1960 there was no 10th class. their village & my father villages and quite far 300 kms, no way to know each other )
There is a False Case or a loop hole in the Civil Law.
Let say some one forged your Signature on a Promissory Note and filed a private complaint saying
that you borrowed some money from him.
In the Private complaint they have given Written statement to the Judge that
1) You already known Person to them (never mention... then know you or not)
2) The Promissory Note was written at their house.
3) They asked you many Times(You have given Irresponsible Answers to them)
4) Since 1 year FIL gang not attending to the Court
My Lawyer Asked the judge to send the Promissory Note for Forensic Verification.
they don't want to send for Forensic verification
For that they have explanation saying that Todays signature will be different from the date of Promissory Note signature and asking the judge to do justice infavour to them
all people know that FIL gang doing all these things just to harass my family
Thanks in Advance!
Rajesh
1 Answer from Attorneys
It is not safe to defend on Hand writing expert opinion. it is not final. But it can one piece of evidence. The person who made the claim will have to prove the transaction. Once u know that it is forged. U need to lodge the complaint immediately. email:[email protected]
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