HARSH NEWAR Vs. STATE

JUDGEMENT

(1.) By these two petitions, petitioners who are mother and son seek anticipatory bail in FIR No.308/2017 under Ss. 420/468/471 IPC registered at PS Pahar Ganj, Delhi.

(2.) Learned counsel for the petitioners contends that the complainant is the brother-in-law of Naraini Newar and paternal uncle of Harsh Newar. Both the families were having joint business which got separated pursuant to the Memorandum of Understanding (MOU)/ Dissolution Deed arrived at between the parties. Neither the terms nor the execution of the MOU/Dissolution Deed are disputed. However, it is alleged that the date in the said MOU has been forged and though the MOU was dtd. 11/9/2001, which fact is admitted by the petitioners in various proceedings however, the same was posted on 3/9/2000 which postal receipts are also forged and fabricated. The petitioners have joined the investigation and no further recovery is to be made from the petitioners. Besides lodging of the FIR, the complainant also filed a suit for specific performance of the Memorandum of Understanding and grant of damages which was dismissed as barred by limitation and having failed in the said attempt, the above-noted FIR was got registered.

(3.) Learned APP for the State has taken this Court through the FIR and claims that during the investigation the endorsement on the postal receipts was found to be forged and fabricated. An expert opinion has been received from the Truth Lab as per which the writing and signatures on the questioned document and the admitted documents tally and thus the petitioners forged the questioned documents.