Hello All, From last few days i'm asking several questions. And as per the suggestions I've done few thing. I applied for AB with Interim yesterday. Was present even though the risk was there. Honorable Session court didn't provided me the Interim and date for AB finalized as 7th. (10 days remaining) I've given my Current address, Address of my JOB. Need few suggestions. Being a genuine person i don't want to hide but police officials are just not allowing me to get justice. I've been suggested by some advocates that police is trying to create the toughest sections on you along with harassing my CA, Employees. Complainant states he has not signed many papers of company. My CA has given statement that few papers was given to myself (Accused) and i got them signed from complainant. - This is utter fake and CA tells me over phone that police is harassing him and he cannot change his statement. Also the sign are made by complainant himself and no forgery is being done. I got a recording where CA stated "He has himself made some signs over few papers to avoid late fees". I'm literally genuine and i don't want CA to get punished for this. He just wanted to save company some fine. Complainant is not ready to settle until and unless his whole money is returned and he's given big bribes to local officials. How can i prove those sign were made by Complainant ? Is it safe to reside in the address given to court? I'm 700 KM's away (other state) from the place where complaint is lodged ? Do you think i would be able to get justice without paying bribes ? I'm literally annoyed with all these false stuff against me even though the complainant himself signed docs of registration papers. And, CA seems made some signs for uploading papers on MCA portal for year end. Please suggest
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1) obtain handwriting expert opinion that documents signed by complainant
2) police can refer documents to forensic lab for opinion as to whether signatures are forged or not
3) police woukd not arrest you during pendency of yiur application for AB
4) you woukd get justice but it will take time
1. At the stage of AB you do not have to prove or disprove anything as the court hearing the AB petition has to take only a prima facie view of the case. It cannot hold a fact as proved or disproved. However, this does not prevent you from producing any documentary evidence before the court which hints at your innocence.
2. Before the interim is given you may be arrested by the police at anytime, so it is unsafe to reside in the address given to the court.
Dear Querist
It will be better to discuss the real and specific facts to get best advise.
as per your information, it seems that a case for forged documents has been registered against you and you did not do any thing wrong yourself, if the matter is only for signature(Fake Signature) and you did not do, then informed to court that you are ready to give your specimen and demand a FSL Report and genuineness of that documents or signature.
if there is any dues of complainant pending upon you or company and you are in the situation to paid the amount then it will be better to settled the matter amicably, otherwise ready to fight the case on merit.
Feel Free to Call
Complainant is not ready to settle until and unless his whole money is returned and he's given big bribes to local officials.
How can i prove those sign were made by Complainant ?
You have to depend on the sources on which you rely upon to believe that the complainant himself signed those papers.
You should understand one thing that being honest is different to that of handling the current issue cleverly without complicating any further.
You have to bring to light the incidences during trial only and not at this initial stage, because nobody will be looking deep into the issue now itself.
Everyone will be made to belief that there is a big scandal taken place or a big fraudulent act has been done because the present circumstances will point fingers towards you only, hence first get out on bail and then plan strategies to challenge and overcome the false cases in the trial proceedings peacefully at leisure.
Is it safe to reside in the address given to court? I'm 700 KM's away (other state) from the place where complaint is lodged ?
Since you have not been enlarged on bail, the risk of being remanded persists depending the nature and seriousness of the complaint and the sections under which charges have been framed.
Do you think i would be able to get justice without paying bribes ?
You do not have to pay any bribe at this stage to police because the police have already acted at the behest of the consideration already received from the complainant, so there are no chances of any withdrawal at this stage.
You can proceed facing the trial on the basis of merits in your side.
