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Signature Not Verified Digitally Signed OMP (COMM) 361/2019 & OMP (CONT.) 1/2017 Page 2 of 16 By:NEERAJ Signing Date:06.02.2023 11:43:05
2023/DHC/000816 "9. That the Applicant has filed the present application after noticing the said difference in the signatures of the alleged Attorney. Out of abundant caution, the Applicant obtained certified copies of the above documents (listed at S. Nos. a to c of Para 7, above) from this Hon'ble Court and approached M/s Truth Labs Forensic Services, A-1/106, Ground Floor, Safdarjung Enclave, New Delhi- 110029 for forensic examination of those signatures. "10. That M/s Truth Labs Forensic Services has since given its Report dated 04.08.2022 to the effect that differences between the admitted signatures (on the Power of Attorney) and the questioned signatures (on the above documents -listed at S. Nos. a to c of para 7, above) are fundamental in nature and beyond the limit of natural variations.
***** "12 It further observed that ―Both questioned and admitted signatures also do not agree in their general handwriting characteristics such as relative size and different alignment of characters with respect to each other, relative spacing between them, speed and skill, movement, slant etc.‖ "12 That with the above observations and findings, M/s Truth Labs Forensic Services has opined that ―Cumulative consideration of all the above led me to the opinion that the person who write admitted signatures marked a1 to A6 did not write the questioned signatures marked QI state that to Q10.‖ (there is a second para 12 in the application) ***** "14. Now that the Report and finding of a Forensic expert is available, it is quite certain beyond the realm of any doubt that signatures the above documents (listed at S. Nos. a to c of para 7, above) are forged and not genuine. The same are not that of the purported Attorney (Mr. Siri Chand Saini). It is also evident that someone, other than the alleged Attorney (Mr. Siri Chand Saini) has signed the documents the above documents (listed at S. Nos. a to c of para 7, above) and presented/filed the above-captioned petition under Section 34 of the Act before this Hon'ble Court as if the same has been signed, sworn and filed by the alleged Attorney (Mr. Siri Chand Saini).
5. In essence and substance, the allegations made in the applications, based on which the applicant seeks initiation of inquiry under section 340 Cr.P.C. are the following:
5.1. That the SPA-holder Siri Chand Saini has forged his own signatures on the vakalatnama, at the foot of the pleadings at 2023/DHC/000816 various points, and in the affidavits filed in support of the pleadings/applications in the present matters; 5.2. That the true name of the SPA-holder is not Siri Chand Saini but Shri Chand Saini; that his father‟s name is not Pirthi but Prithwi; and that his true address is not House No.396 Basai Darapur, New Delhi but WZ-396 Basai Darapur, New Delhi; 5.3. The allegation that the SPA-holder has forged his own signatures is sought to be supported by a purported Forensic Analysis Report dated 04.08.2022 rendered by a private forensic laboratory called M/s Truth Labs Forensic Services. In that report the author says, that upon comparison with the admitted signatures of the SPA-holder on Special Power of Attorney dated 09.07.2019, in his opinion, the SPA-holder "...did not write the questioned signatures..." that appear on the various pleadings, applications and documents filed in the present proceedings;