Case for 420, 506 cheating and 138 ni act
sita ram s
(Querist) 06 May 2014
This query is : Resolved
Dear friends. One person cheated me totally. FIR lodged by police station referred thru lower court against 420, 506. Accused person compromised and wrote mou and issued cheque (his and his son's) along with his original property documents. He made part payment but again finally both cheque bounced of his and his son. He applied for Anticipatory Bails from lower court and high court as well, but both rejected. Parallely accused applied for QUASH the case and got 'interim stay' from high court. He also lodged private FIR against threatening by my SI (investigating officer of my FIR) and my other friends, in his local police station. My questions are 1. Charge sheet can be filed by police showing that he is absconded? Or any other circumstances? 2. Can I do FIR on his son? 3. What should I do further in this case to get the result? Please reply and suggest. Thanks.
Dr J C Vashista
(Expert) 07 May 2014
1. Yes the Charge sheet can be filed by police showing that the accused so and so is absconded Or accuse is in custody
2. Of course you can lodge FIR on his son, if his son has committed any offence.
3. It is you/your lawyer/counsel to decide regarding the question raised by you that "Why should I do further in this case to get the result?"
sita ram s
(Querist) 07 May 2014
3. What should I do further in this case to get the result?
1. He already got the 'interim stay' from high court. In such circumstances, can charge sheet be filed by police?
Devajyoti Barman
(Expert) 07 May 2014
try to dispose of the case from high court by way of early hearing. Case would not be quashed.
sita ram s
(Querist) 07 May 2014
Now high court is on vacation. Meanwhile before quashing and during interim stay, can police file charge sheet?.
Rajendra K Goyal
(Expert) 07 May 2014
Language of order of stay has to be seen. Consult your local lawyer.
sita ram s
(Querist) 07 May 2014
Thanks to all of you.
This Website is so much effective. Thanks a lot once again. All the best to all the lawyers.
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
Properly addressed by all experts, you take your lawyer's opinion for further proceedings on the issue.
