How to defend 408 &. 420 ?

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13 August 2019

Dear Experts,
In the year 2009, I was working in a publication group. I got another better opportunity in the rival newpaper. The former media group logged a criminal complain on Me U/S 112-b, 408,409,420 467,468 ,470 & 471 IPC etc. Later on in final chargesheet only two IPC were mentioned i.e. 408 & 420. the chargesheet also mentioned that there is no recovery or discovery in the matter. After a three months legal battle I got bailed out from High court. Now almost it has been 10 years, the case is still pending in the lower court. The complainent is not coming to the court . Except once he was seen in 2013.The complainent him self is been driven out of the same media group. But he came bcoz of the court warrent. I need expert advise on the following point. How should I prepare my defence? The ommission of more than 8 IPC in the chargesheet can make my defense strong? I have filed a defamation case with IPC 500 & 501 against the media group.It's pending in fast track court. should i continue or withdraw? The FIR against Me was lodged in sept 2009, now it's August 2019. Isn�t criminal waste of courts time and� My money attending it every month? What stand can I & my advocate take? The complainent's objective for FIR was to stop Me joining the new rival media group , & were successful in that. What are the grounds for acquital or discharge? I am tired attending the dates, with no results what so ever. All major witnesses are� former company employees or their agents or business associates. They are said to� be either luired or thretened to be witnesses. Is there any high court / supreme court ruling in such matters? Pl advise. Regards

Lawrence William (Querist)
13 August 2019

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14 August 2019

Dear Sir,
Please share all the documents that is copy of charge sheet and statements and put your defence so that the local legal expert guide you to prepare a strong defence.

P. Venu (Expert)
14 August 2019

Any suggestion depends upon the acts/omissions alleged against and the evidence in support, as mentioned in the charge report/complaint. Anyhow, in a criminal proceeding, it is for the complainant/prosecution to prove their case beyond reasonable doubt. Then and then only, the question of your defense arise.

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