Charges of 420
Sarfaraz
(Querist) 03 October 2011
This query is : Resolved
Dear Sir
I am a trader and I supplied some used machine to the company and for which I had not taken any purchase order from the company .Now disputes in the company happened due to partners ,one of the partner is allegating that I and his other partner have jointly done the dealings and for which they are putting me under section 420 what is the way out if you can guide me as police have asked all the documents related to the purchase sale which i am having how to come out of it I am little stressed
Advocate. Arunagiri
(Expert) 03 October 2011
It may be true that there is no purchase order, is there any receipt on your delivery note?
If you have proper delivery notes and signatures while delivering it, you can not be booked under 420.
Only when the partner is giving false accounts and fabricated bills of purchase, he will be booked under 420, you may be booked for abetting.
Arun Kumar Bhagat
(Expert) 03 October 2011
Provide the documents asked by the police and also documents which can prove your innocence.
Sarfaraz
(Querist) 03 October 2011
Dear sir
Is anticipatory bail applicable to me as I had submitted relevant document now again they are asking for more documents I will attach the list tomorrow
ajay sethi
(Expert) 03 October 2011
you may not have the purchse order but you must have raised invoice? goods must have been duly received . do you have the delivery challan .
it is not necessary that in very case purchase order is in writing . it may be oral purchase orders too .
you must have addressed letters to company to make payment . all these fact s prove that transaction had taken place . no case of cheating is made out
Sarfaraz
(Querist) 03 October 2011
Dear sir
They claim we had supplied order for new machine but actually they had placed order for old machine only and the machines are very expensive and after two months and the md with whom I had done the dealing is 50 percent share holder tensing 50 percent partner is framing a case of cheating how can I prove my innocence machine receiving I have take from the company staff please guide and is anticipatory bail applicable
Sarfaraz
(Querist) 03 October 2011
Here is my lawyer's reply
Compliance of your Notice U/s 91 / 160 Cr.P.C
In response to your aforesaid Notice we have following submission:
1. Our business Constitution is a proprietor ship namely, M/s Memco Machinery Mart.
It is not registered.
2. As per above.
3. Copies of certificate of registration / VAT & TIN No. are annexed as Annexure 1 & 2
respectively.
4. Documents required by you as per serial No.4, vide your above notice have already
been submitted to your good self vide our letter dated 8.7.2011. Copy of the same
is annexed as Annexure ‘1’ for your reference.
5. Bank Statement has also been submitted as mentioned above.
6. Copies of Sale bill also submitted as mentioned above.
7. Copies of Purchase Bill also submitted above.
8. Information as to above is also provided which is stated on the purchase bills
attached above.
9. Machines were carried by the Purchasers themselves by arranging their
transporters. In other words transportation of machines was not in our scope.
10. Machines were not installed by us.
11. This information has also been provided as per point No.4. However we reiterate that we sold machines for Rs. 51, 23,200/.
12. We have received Rs. ( Rupees ) against sale of Machines. Remaining Money is Rs. __________.( Rupees )
13. We do not have photocopies of cheques obtained since these had already been deposited in Bank. It is not our practice to take photocopies of cheques which are received by us.
14. We have already provided you the vat return for the two quarters i.e Q E December 2010 & Q E March 2011. However Income tax return for the period ending is attached as Annexure “ “.
We trust the above documents serve the purpose. We may mention that you have already recorded statement and also examined the undersigned by calling him in person at your office 3-4 times, U/s 161 of Cr. P.C. However, still we would welcome any other information/querry which you may require in the course of your investigation.
Arun Kumar Bhagat
(Expert) 04 October 2011
As a precautionary measure you can apply for anticipatory bail but take IO in confidence.
R.Ramachandran
(Expert) 04 October 2011
I don't think that prima facie there is anything in this to attract Sec. 420 against you.
However, you have to bring out as to what is exactly stated in the complaint by the partner.
Sarfaraz
(Querist) 04 October 2011
dear Sir
please see the letter from the police as attached can I frame a case of defamation against the company or any other case and is it advisable as per my lawyer Fir Is lodge in direction with court forcefully ,in two partner dispute I am involved
Rajarshi Bhowmik
(Expert) 05 October 2011
File an application before the Hon'ble High Court for quashing as it revels that this such of disputes are civil disputes not a criminal one
