False 506, 443
krishna
(Querist) 18 April 2016
This query is : Resolved
Real estate agent filed false case on me...506 443..lucklily I was not in india those mentioned days in FIR...is this proof sufficient for court to close the case..pl advice
Rajendra K Goyal
(Expert) 18 April 2016
Full case file including FIR has to be referred, discuss with local lawyer.
Devajyoti Barman
(Expert) 18 April 2016
If you were out of India on the date of commission of offence then apply for quashing as it seems to have good merit in it.
Kumar Doab
(Expert) 01 August 2016
Expert Mr. Devajyoti Barman has illustrated.
You can benefit from the advise.
Approach a very able counsel.
krishna
(Querist) 01 August 2016
Main content of charge sheet
A1 is me and A2 is real estate broker
#######################
Investigation revealed as below LW1 is residing at XXXXX
A1 is purchaser and A2 is mediator and they know both each other
LW1 purchased plot no. 45 from Venu and planted kaddies around the land area
Later due to financial conditions she wanted to dispose off the land
At that time A2 came into contact with her through whom L1 sold out the plot to A1
A1 is due of 1Lakh to her, she has kept all the original documents with A2 till she get the money
Meantime a quarrel took place between LW-1 and A2 and she demanded her plot back
Taking the situation to their advantage, A1 and A2 threatened and took 7 Lakhs from her and also took
one plain cheque of Ramesh who is her relative and above said document is cancelled
since then A1 and A2 colluded each other and presented the above check for 15 lakhs without the
knowledge of her and Ramesh due to which cheque was bounced taking the advantage of same
cheque bounce case was filed in court
A1 and A2 has been treating her to give 15 lakhs to withdraw the case and return the documents
While things stood thus on 27th March 2015 Lw1 went to A2 to collect the documents but he was not
There, she asked his wife to give the documents but she did not do so hence she return from there
keeping in this mind on 29th March A1 and A2 criminally trespassed into the house of Lw1 and abused Lw1 and Lw2 with filty language and beat Lw2 with hands and threatened with dire consequences while
Leave the place thus A1 and A2 committed the offences punishable u/s IPC 420, 448, 323, 506
Clarification from my side
I am the A1 and real estate agent is A2
I am not in country on 29th March --- have passport copy proof
Also in cancellation deed I have clearly mentioned it was cancelled due to misunderstood and legal issues
Previous case details are not mentioned by them somehow managed the police
I got ACB in session court in first go itself and he clearly mentioned case is completely civil in nature
For cheque bounce I don’t know who Ramesh is and I am not even the benefier
Kumar Doab
(Expert) 01 August 2016
Also posted at:
http://www.lawyersclubindia.com/experts/Quash--610261.asp
