Legal Question in Criminal Law in Pakistan
FIR against cheque Rs. 8k doshonoured is registered 2 year back, with the full support of police and bank accused has prepared fake document which further challenged before the Mugistrate under private complaint whiah was accepted and concern judge has imposed charges 489f, 420, 468, 471, 467 and proceeding is under way.
i want to know either i should suit file 37 cpc for same amounting 8k or the amount which accused borroed 8.75k chech of 8k is abailable. orignal receipt of other amount is with me.
Initially the amount is borrowed for 1 month later on accused said i ll give you business shares at the rate 10% and taken my CNIC for execution of shares agreeement in front of my witnesses but agreement is not executed.
For damages case along with interest amount or shares of amount taken can i file with same court with 37 cpc or it will file seperately in other court.
please advise in the context above and also advise how and where i can file suit against bank and his other 2 witnesess those were completely involved for preparation of fake documents.
what will be punishment if case only decide by Mujistarate for 489f, 420, 468, 471, 467. ur help will be fruitfull for me.
1 Answer from Attorneys
As far as proceedings against the bank are concerned, u have to file a private complaint for forgery.. Order 37 suit is filed in the court of district judge and it is a civil nature suit for the recovery of money.. It can be filed within 3 years from the date of default. For more do consult me at [email protected]
Regards,
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