Query for complaint against me by other person to police wihtout any proof and to harresment me

rahulladhania (Querist) 01 February 2016 This query is : Resolved
Dear Sir,

One person went to the police station and filed complaint against me on 30.01.2016 that I have taken Rs.3,00,000/- by way of cash in year 2011 and his contention is I am not going to register the property in his name.He is saying I have done forged with him.

But actual thing is that property not belongs to me beacuse I have sold the property in year 2010 only to other person R.1,15,000/- this thing he also knows. and that time market valuation was not Rs.3,00,000/-

I have not taken a single Rupee from that person by way of cash or cheque

There no agreement and written things between him and me.

He has filed complaint and police is also not giving complaint copy to me. Police persons calling me and saying they will take action or else I have to pay.Please suggest me what shall I do ? I want to solve this matter wihtout any delay. What is fastest action shall I take against him.?

Follow Query

Report Abuse

P. Venu (Expert) 02 February 2016
The police has no jurisdiction to involve in civil matters.

rahulladhania (Querist) 02 February 2016
Thanks Sir, and what about limitation Act is it apply here ? If they will put FIR then Police having power to arrest me or not ?

ROHIT SHARMA (Expert) 02 February 2016
1. If it is true that you have not induced him to part with his money offering to sell your property to him then there can be no criminal offense of cheating can be made out against you.
2. The police can take a station dairy noting of such complaint. You have been summoned to appear before the police which you have done so.
3. If no evidence in form of any receipt pf the money received by you from him is produced by such person then the police will reject to record a F.I.R.
4. Report the matter to superior police officer in charge of such police station where such complaint is filed.
5. Do not worry. Police too are honest and if they have no evidence that that person has had given such money in cash to you and the source of such income that such person had offered then they will not arrest you.
6. In case if they do record a F.i.R. you can request the police to give you some time to file for anticipatory bail which you can do so before the H.C. to rescue from you being arrested. You can also pray for quashing such F.I.R. u/s 483 of Cr,P.C. before the H.C.
7. File a R.T.I. before the P.I.O. of that police station to provide you with the copy of the complaint made against you.
8. I guess that the police will try to scare you but do not tell except what is true and do not get dogged by them to dole out any money.

Advocate/CS Sanjeev Kataria (Expert) 02 February 2016
there is no limitation for FIR, it is 03 years for money recovery suit. in this case police would not register FIR, your opponent may approach court under 156(3) cr pc

Sudhir Kumar, Advocate (Expert) 02 February 2016
based on given facts I do agree with Mr Venu. But the query as worded indicates and a lot more facts are yet to be revealed and on revelation of more facts the advise may7 be different.