• Can I give evidence

Hi,

I was in relationship with a girl who was about to get divorce and during this phase she cheated her husband by doing forgery of home loan documents with help of bank executive in my presence and obtained a loan of 75 lacs. Due to personal pressure of maintaining the relationship I was helpless to stand against it. This led to constant fights between us. Her husband also filed a forgery case against her which is still in court for 1st hearing. After 1.5 yrs of this incident she has absconded from me and her parents along with money also. Am feeling guilty of supporting her in wrong deeds and want to give evidence of her involvement in the forgery. How do I go about this?
Asked 6 years ago in Criminal Law
Religion: Hindu

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18 Answers

1) dont get involved unless you are summoned by police or court to give evidence 

 

 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1) you were aware of forgery done by lady yet you kept silent 

 

2) you ought to have intimated the bank regarding forgery done by lady in collusion with bank executive 

 

3) you may be charged with collusion with the lady to defraud the bank 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. You cna lodge a complaint of cheating against her.

2. In the aid complaint you can disclose the offence she has done to her husband.

3. Once on the basis of your complaint the FIR is registered and the trial is commenced you can give evidence in respect of both your case and the case involving her husband.

4. However if you helped her in forging the documents and getting the loan then you can also be co accused person in the criminal case.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

you can file cheating and forgery cases against her but may be you can also arrested if investigation process once started because you also support her. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you have proof money given to her, you can file FIR agasint her but terrifying agasint her will serve no purpose. Her husband can present you in court as his witness but there may be possibility that you may accused as partner in crime.  Cause everything happened in your presence/notice, now she ditch you so came agasint her in vengeance.

Advisable not to implicate yourself in this matter.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  What you intend to do would be a good gesture as a prudent citizen.

2.  BUT, think that she can involve you in a rape case for having illicit relations with her as a married female.

3.  The above would fix you for Seven years.

4.  THINK DEEPLY BEFORE GETTING INVOLVED WITH LAW.

 

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can approach her husband in the said case and be the witness. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You were present during the execution of documents. If you disclose this you will also be arrested. Moreover for giving false evidence in 377 case you will be held for perjury. Therefore it is better to keep quiet. However you can tell her husband that she was having an affair with you if it helps.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If she has run away with your money you should file a case for fraud cheating and theft agaisnt her.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If she has run away with your money you should file a case for fraud cheating and theft agaisnt her.

Regards 


If she has run away with your money you should file a case for fraud cheating and theft agaisnt her.

Regards 


If she ran away with your money too then file a case for fraud cheating and theft against her.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You need to defend when you are summoned in a court of Law

 

OR

 

When there is a criminal proceeding against you.

 

However you can approach the husband and offer him to be witness in proceedings against her because it will help you lighten your guilt.

Deepankar Kataria
Advocate, Delhi
194 Answers

You can contact the concerned Public prosecutor in case and can act as prosecution witness in the said matter.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if you give evidence then you will be just witness you shall not be involved in case by any kind. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

As long as there is no complaint against you are safe. You may give evidence against her and explain all the circumstances which led you to believe. You may help her husband and also it will help so many other people in future since she may similar things in future also.  Be courageous and speak the truth.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Respected sir... 

Your evidence will only be admitted as if you have sufficient means of evidence against her in that you can prove that she had made forgerd documents... And if you have then give evidence in court else avoid to be a part of it... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

You cannot give evidence on your own.

You may have to be included in the list of witnesses by her husband and you will be sent summons only after which you may be permitted to depose evidence before court, your sentimental feelings do not have place in law.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Until you have not  been implicated in any case either as an accused or as a witness, just remain silent about it.

You dont get into trouble by volunteering to adduce evidence in any case, it may backfire and you will be landing up in prison for having helped her in the forgery case.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Yes you can give evidence against her as an approver because you were involved in the process of forgery done by your girl friend.

As approver you can save yourself from prosecution. But for that you need an advocate for preparing your evidence in such a way that will save you from prosecution in forgery case. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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