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Urgent advice needed or ipc 406/420

(Querist) 04 March 2018 This query is : Open 
dear sir/madam as per the case some of the brief point to proceed against FIR against me i am an education consultants was registered with british council one of student came to me along with his elder brother in 2005 to get admission in uk university in jan 2005 he made his 50% fee deposit by our company support by cheque n cash n receipt issued for same. he applied his study visa in Feb 2005 session which got delayed by British High Commission he withdraw his file from embassy and applied for sep 2005 session he got his visa after the interview in British High Commission, new delhi on 3 aug 2005 and got his student visa starting from 1sep 2005 to 31 oct 3008. i inform the university about student visa secured for sep session. On 17 Aug 2006 university refunded the demand draft to student which was made by my company account. he gave us authority letter to cancel the demand draft of rest he will pay by taking bank loan which was sanctioned by corporation bank, palam branch. He has take all his admission letter and tuition fee receipt to cross the uk border and reached united kingdom on 1 sep 2005 without informing me.we approach student but his number is not reachable. on 15th dec 2005 his elder brother and uncle approached me without any authority letter from the younger brother who fled london, uk on student visa and ask me for tuition fee refund as they have change there mind for studies now. they said they want his brother to send uk only. they made complaint against me on 15th dec 2005 and i got arrested for 406/420. after 13 years of fight back now session court removes ipc 420 against me and running the trial. now the stage is in defence evidence his marksheet of 10th and 12th found forge after CBSE summoned. i have deposited the money in court as per court direction in the name of complainantt(elder brother). In Pw1-elder brother and pw-2 younger brother(gone to uk) misled the court and given false statement. also court has warned the complainantt to withdraw the FD amount interest without court order, as court has given FD to complainant to renew he made again for the same amount which was made by me. they are rich people they ruined my business my life as they said at the time of FIR as there is an statement by complainant that they know someone as known to police. now it is clear picture that complainant has ruined my life by planning and giving forge document and using my services. now i need advice what all section should i put under ipc against them and file complaint against them. i guess ipc 340 is too long at this stage bcoz police was also in some influence. Pls advice your expertise .

i was the only bread earner in my family i lost my father at the age of 5 by DTC bus drunk driver hit the father scooter. now these kind of rich people use there money to do what they want to do.

warm regards
Guest (Expert) 04 March 2018
Vague academic query. The question arises, if a true case, what is the specific reason for not relying on your own lawyer, who might have been fighting your case for the last more than 12 years?
Ankur Chauhan (Querist) 04 March 2018
no i have changed 3 lawyer due to there negligence done
Guest (Expert) 04 March 2018
Even if someone tells you about the sections you desired, what you would be able to alone in the absence of your lawyer, when you had not been able to do even in association with three lawyers for the last more than 12 years? You should hire some knowledgeable lawyer to fight your case.

In fact, your requirement is strange when you have asked, "now i need advice what all section should i put under ipc against them and file complaint against them," due to which I treat your query as academic query, as if there is no real problem. Contrarily, no section is required to be put by the complainant while making a complaint. That is the headache of the police to see which relevant sections they have to apply according to the nature of the complaint..
Ankur Chauhan (Querist) 04 March 2018
but sir as you have mentioned that now i need advice that y i am asking what will be the next procedure to follow this trial as they can flee from the country we can put an application to revoke there there passports and file complaint against them or as state is against me now when judge will see these facts then court can order against complainant.

thats why i am seeking expert advice sir.

regards

Vijay Raj Mahajan (Expert) 05 March 2018
They can flee country as no order preventing them to do so and even by making application for revoking or impounding their passport will not solve the problem as neither court nor government of India will make any such order on your application.
Yes if you involve them in some criminal proceeding in court than only you may succeed in preventing their escape from the county. Now which criminal compliant that has to be worked out but now like this and no proper advise can be given without studying complete case file.
Guest (Expert) 05 March 2018
Probably, Mr. Vijay Raj prefers to suggest the querist to fabricate a false criminal case. Ok, you may try that. But rest assured, if caught on the wrong foot on finding your action as of vendetta against the opposite party, you will get another case against you in addition to the punishment for the existing case.

Best of luck!
Vijay Raj Mahajan (Expert) 05 March 2018
@ JIGYASU, I'm not suggesting him to fabricate a false criminal case, I just told him that no action will be taken for the revocation or impounding the passport by the court unless these guys are involved in some criminal complaint case. I even very clearly told the querist that no advise with regard to criminal complaint case given unless the complete case file is studied. Don't misquote me like this and that too without yourself coming here without your own correct name and identity.
Guest (Expert) 05 March 2018
What I feel, the problem seems to be of the academic nature only and the querist probably has the desire to know some unethical methods on how to create some fabricated case.
Vijay Raj Mahajan (Expert) 05 March 2018
The querist himself posted the same query previously where as well here in this query had himself mentioned about moving application u/s 340 Cr.P.C for perjury complaint against these people. I had in the previous post told him to let the case against him be decided in his favour and after that he can workout for defamation proceedings against them. Now how you people interpret my present statement is your own way of thinking for which I can't say anything, but definately it was never any suggestion of fabricating false criminal complaint case.
Guest (Expert) 05 March 2018
@ Vijay Raj Mahajan,

Please don't mind, even if your review the language of your own statement, "Yes if you involve them in some criminal proceeding in court than only you may succeed in preventing their escape from the county. Now which criminal compliant that has to be worked out" that interprets as if the accused in being encouraged for involving the opposite party in some counter criminal case.
Guest (Expert) 05 March 2018
Dear Shri Mahajan,
My post was not aimed against your views, rather I expressed my opinion on the problem posed by the querist, as I felt the same to be some fictitious problem, not real one. How a person's statement can be believed, when he declares that he changed three lawyers but all of them were negligent, but asked for sections of law, as if he was much more intelligent than the qualified lawyers to be capable of fighting his case at his own, when he is ignorant of the relevant sections. That itself raises sufficient doubt on description of his problem. More so, when he has not been able to properly contest his own case for the last 12 years even through 3 lawyers, but still talks about filing a criminal case against his opposite party, as of a revenge.
.
Ankur Chauhan (Querist) 06 March 2018
Dear Dhingra sir and Mahajan Sir

Many thanks for advice, unfortunately you are saying right without complete file you cannot judge on current status of the case as i have fought the case for last 12 year it does not means i do not have the understanding of trial as i am aware this is are judiciary which is on slowest and not capable to manage the cases on trial court level. after going through the case i have seen the trial court judge only see the prima facia factor they dont even look into the file sometime.

in my case complainant is elder brother PW-1 and PW-2 is younger brother who fled to uk without informing me. as he got the longest visa for more than 3 years to stay in uk. his maternal uncle is also in uk on illegal status. PW-2 visited the university to enroll on last day and they have given him payment slip which shows total balance to be paid before he joins the university. On that document he has mentioned his maternal uncle address in uk which he refuse in statement given under crpc 164 in india, also he secured 5 years of work permit in uk after the studymit expire. now it has come to my knowledge that they have misled the court , state and misuse my services to go the uk on fake education document. it comes into light when defence evidence summoned CBSE and they said has not cleared 10th or 12th, which PW-2 stated in his statement that he studied from green field school safdarjung enclave, new delhi

they have taken bank loan sanctioned letter from corporation bank which they denied in statement, they have given me cheque of 2,37000 from his mother's account and made the Demand draft of his 50 % tuition fee of Pound 3420 from our company account which makes the total 2,94,000 Approx when it was made when i was expired the amount was 2,72,365 INR credited to our company account, PW-1 said they have paid total in cash to accused in there statement. i have all the document related to that, it means they have cheated and ruined my career and my top rated agency in 2005 for education services abroad which was running quietly good and registered with british council. i have lost everything now that y i was seeking advice by experts to sort out my further status of case.

with regards

Vijay Raj Mahajan (Expert) 06 March 2018
Your saying that trail judge don't even look at the file sometime is big misconception in your mind. The trail judge knows on his head sit a senior bench of appellant judges who will not mind tearing the trail judge apart. My dear friend every judge read each and ever word in the file before deciding the issue before them, yes the judiciary is slow, not because judges make it slow but because there is big shortage of judges in our judiciary.
Your case will be decided based on the prosecution evidence and if that lacked the ground to hold you guilty you will get acquitted. If the acquittal is beyond any reasonable doubts, the chances for filling the criminal complaint against these person/complainant for defamation becomes bright, likewise if their evidence is held to be based on complete lies, the charges of perjury can be made out against them by the trail judge itself whether you file application u/s 340 Cr.P.C or not, in his own wisdom the trail judge can recommend their prosecution for perjury.
Hope all this information be helpful.
Dr J C Vashista (Expert) 07 March 2018
Pure academic topic for debate, not a real story.
Ankur Chauhan (Querist) 07 March 2018
Dear Mahajan Sir

Many thanks for the advice, i guess you saying pls finalize this case then file complaint against them or criminal & civil defamation, at this state ipc 340 would lead long trial i guess that y u asking to finalize this first.

regards
Ankur Chauhan (Querist) 07 March 2018
Mahajan sir u r the only person on expertise

This site is only run by u regards
Ankur Chauhan (Querist) 07 March 2018
Mahajan sir u r the only person on expertise

This site is only run by u regards
Ankur Chauhan (Querist) 07 March 2018
Mahajan sir u r the only person on expertise

This site is only run by u regards
Sudhir Kumar, Advocate (Expert) 01 April 2018
The hard fact is that by reading the post nothing can be made out as to on which ground 420 could be made on you. one need to see papers in full and anyone having slightest sympathy for you shall not be advising you without seeing all papers.
Guest (Expert) 02 April 2018
The queristm Mr. Ankur Chauhan, seems to be the judge over and above the experts! Similar to his own position, as a consultant, as like himself was the company in himself, he thinks the LCI is constituted and run only by a single expert.

Although he was merely a consultant in the educational company, but as the description of his query as well as supplementary posts suggests, he posed as if he was one in all in the company doing everything single handed and getting legally implicated as a company.

REALLY A GREAT EDUCATIONAL CONSULTANT AND A COMPANY IN HIMSELF ! The company was not affected at all by the court case.

Ankur Chauhan (Querist) 23 May 2018
sir i have done all thing to get the details understand by all counsel but i dont think someone is there working sincerely as i am only getting reply as i have seen trial going with foolishness in last 10 years. judges are not working on trial court level they think if they give early verdict then there is high court to reverse there order rich people can do anything in india. i have suffered as bread earner n lost my precious time i was 25 yr old when this case happen n now i m 40 yrs now. if i would have money then i have learned enough that just pay 1000 to 10000 to police get anyone harassed its india law. indian people is only there to give vote n serve nation with paying utility. no one is there to get it solved done everything warm regards to all Ankur chauhan

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=835187
Ankur Chauhan (Querist) 24 May 2018
dearl all

i guess this forum is like india going on.

all lawyers have wonderful platform to perform n write there views n play with there diagnostic answers as law is in not there hand only senior n experience lawyer did'nt even take time to reply for needy people. i love the indian judiciary works. anyone can think n play with democratic ways.

regards to all with big sorry if i said something in facts.

ankur
Ankur Chauhan (Querist) 24 May 2018
dearl all

i guess this forum is like india going on.

all lawyers have wonderful platform to perform n write there views n play with there diagnostic answers as law is in not there hand only senior n experience lawyer did'nt even take time to reply for needy people. i love the indian judiciary works. anyone can think n play with democratic ways.

regards to all with big sorry if i said something in facts.

if there is someone to start work on international immigration then do buzz me.

ankur


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