A close family member forged my signature while i was abroad and transferred my financial assets in their own name. The forgery is blatant and also involves documents that were forged with my signature in front of a notary in India while I was abroad (we have managed to retrieve these forged documents). While the police have taken the complaint they are yet to take any action on it - it has been over a year. Recently the police station we filed a complaint with transferred the matter to another police station stating that would be the correct jurisdiction. Hence I also have to pull my petition with the magistrate's court for order u/s 156 to a different jurisdiction (we got multiple postponed dates, changed judges from the court and the matter is close to 1 year and we are yet to get an order). The case is prima facie forgery and fraud for large sums with plenty of evidence in our favour hence we are surprised that we haven't been able to make much progress. Kindly advice on the best course of action.
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litigation is long drawn and expensive proposition in India
2) courts are over burdened with cases hence disposal takes time
3) you have to also file suit to set aside fraudulent transfer made by relative
4) seek inunction restraining relative from selling the assets
- If you have already filed your compliant before the jurisdiction where you are residing or where the cause of action arose, then it should not transfer to another jurisdiction.
- Further, if you have filed the complaint under section 200 read with section 156(3) CrPc ,then the court is bound to call the police report on the said complaint within a period of 15 days .
- Further, if the police is delaying to file its report then you can mention to the said magistrate court against the said police official .
- Further, if there is sufficient evidence with you to prove your case ,then after filing the said report by the police , then the court will lodge an FIR against the said accused .
If any document has been created by them on the basis of the forged documents, you may even file a civil suit to declare the said documents as null and void.
You can produce the copies of your passport to prove that you were not available in the country when this document was created fraudulently, hence the documents are null and void.
This action is besides the criminal complaint already pending before the judicial magistrate court.
1. It would have prudent on your part to file a Writ Petition before the High Court against police inaction making the said family member a private party.
2. However, you can file a petition praying for a direction upon the magistrate to expedite the matter within next 3 months.
3. You also shall have to file a petition under Order 39 rule 1 & 2 praying for an order upon the opposite party & also the financial institution where the said financial assets have been illegally transferred, not to deal with those assets in any way any further till the case is disposed of.
It is unusual for the complaint for forgery pending this long. Once a complaint is filed, complainant will be examined on sworn statement and summons will be issued to accused at once if prima facie offence is made out. It is matter of proper follow up by your Advocate. He has to check where the proceeding is stuck and push it.
Kindly file this case under IPC in fast track court. under Sections406, 420, 465, 467, 468, 471 and 114 IPC.
Dear Client I am sorry to hear that but in this case you can file a complete against them to your near by police station for fraud
in addition to the criminal proceedings, also file a suit against the accused in the civil court
however for that you will have to pay court fees depending on the amount which has been illegally transferred to himself
also there will be the professional charges of the lawyer
the criminal proceeding will see to it that the accused is nabbed by the police and put behind the bars
however will that help you?
if the accused goes behind the bar then how will you recover your moneys from him?
so for that you will have to file a civil suit in the competent court depending on the claim amount
you need to proceed with the said 156(3) order and register the FIR. If not proceeding go to sessions court for speedy hearing for 156(3) crpc proceedings
