I have given a complain letter to my local area police station concerning forgery done by my brother and mother by using a duplicate but same looking signature like mine for creating documents like POA , Affidavits and opening demat and bank accounts with various banks. Also, at the present moment I am demanding a partition to them of my share in my father’s property but have not filed a civil suit yet.
I met the sub-inspector through my connection with the idea to file a FIR to move things forward quickly and told him that my intention to come to him was to get my brother to do a settlement easily in fear of a criminal case. While he did not register my complain saying he will “MANAGE” the situation, he called my brother in two days ago and made him accept that it was his/mom’s sign.
Later when I went to him to get his feedback on what transpired between him and brother he said that my brother has agreed to do the settlement talks between him 15 days later with both our lawyers in the picture at the police station itself. I get a feeling that my brother had shaken hands with him for the same as when I insisted the second time to file an FIR he said that in spite of me giving him 10 forged documents like POA, Affidavits, Bank account opening statement, PPF withdrawal statement etc my case wasn’t fit for a criminal matter and he can not file a FIR.
I need advice on the following matter.
1.Just because I do not have any document which talks about money withdrawal from my account or usage of the forged POA and Affidavits, it isn’t a cognizant case for an FIR. Is that true? Also because my original documents copy like PAN card, Adhaar Card, Passport etc have been used in support of this document and they are my blood relation, he said it can be true that I could have told them to make all these documents. Can that be right and proved?
2.I talked to my appointed lawyer to send a notice to them stating about giving all info about usage of these docs but my lawyer advised not to do so stating that they can apply to for a anticipatory bail and get away.
3.Should I go meet the DCP or the Commissioner of my city and ask his advice and request him to call the local police station and tell them to file an FIR.
4.While my intention is not to put my folks behind bars, I DO want to put some pressure and shake them a bit. My appointed advocate said I should not look at FIR option as Forgery is considered to be a very high offence and can not be revoked with an affidavit request. Is that right? He also said all of us would have to go through the entire trial process with hand writing scrutiny and all with an FIR registration before I appear to the court and request them that I would like to withdraw my case against .
5.Do you think I should file a civil suit parallel with this? How would it help?
6.Can my brother do create issues or arrangements with grace period of 15 days till the settlement date? How can I get this date pre-poned?
Asked 8 years ago in Criminal Law
Religion: Hindu
The FIR concerning the forgery case is finally lodged by the police in Pune.
Please answer the following queries-
1. My brother is expected to take an anticipatory bail. Can I challenge this as I have reports by the International Forensic science organization stating that the fake signature is mine along with 15 other documents created when I was out of India? Do I need to give this request in writing or can argue verbally Can I self-represent my case? What are the usual fees of a senior advocate for challenging a AB ?
2. My case is close to settlement given my brother and mother is going to be in trouble if they don’t come round. What is the best way to do a settlement? What is the role of the advocate in doing such settlement? What are the usual fees charged by a senior advocate – is it a flat fee or a percentage of the settlement amount?
3.There are several banks involved who are a part of this criminal case given they allowed bank and Demat accounts to be opened in my name with a fake signature..Do I file a separate case against them in the court or add their names as accused under section 34 of my FIR? How does the settlement work with them and what are the fees charged by advocates ?
Asked 7 years ago
