False case u/s 467, 468, 471, 420 and 120B


My sister's friend (female) bought a mobile phone I phone 6s 8 months back. She asked my sister to accompany her and my sister went with her. Her friend bought it on a loan from Bajaj finance on some fake documents in which she has enclosed electricity bill of the landlord of my sister. My sister was not aware about anything. Further Bajaj finance came to search at my sister's house when EMI bounced. My sister tried to contact her friend to complain that why she used her electric bill. But till that she was no more in trace as she has changed her address as well as contact numbers. Now every day Bajaj finance collection agent use to disturb her and her landlord. So her landlord asked her to vacant the house immediately. She had to change that house and she took another house nereby as the school of her kids was in adjacent. Everything was going as it is and suddenly on 17/02/2017 police came in the morning at 9:30 am and arrested my sister and produced in the court. Bajaj finance filed a FIR on 17/09/2016 u/s 467, 468, 471, 420 and 120B in the name of my sister mentioning that she has financed a I phone making forged document. For evidence they produced those documents and the sales Representative of the store. She got PC and another date on 21/02/2017. Again another PC till 28/02/2017. Then JC till 14/03/2017. And another JC till 28/03/2017. I was totally in dark about whole case. So I changed my lawyer on last date on 14/03/2017. He arranged an interview with my sister in JC on 15/03/2017. There I came to know all truth. During PC police took her to all places where she knew her friend could be traced. But no trace found. Then police forced her to confess that she is the same person who did frauds. They produced reports of writing test and the documents given for finance. I still not accepting how could they give positive report that the documents and writing of different person is of my sister while these must be tested in government lab. Moreover they produced CCTV footage where its clear that two women are there and the photo in provided documents is of her friend. My lawyer applied for a prayer bail in metropolitan magistrate court u/s 439 of IPC. Next hearing is on 21/03/2017. Now please confirm that whether she would get the bail on that that. And how should she would get the justice.

 
Reply   
 
Bangalore

You wanted suggestion hence you chose this forum seeking solution to your problem. However you seem to have already approached court seeking remedy, now what makes you repeat the story here and seeking suggestions for the same remedy. you may wait for the outcome of the case and then revert for more suggestions in case the case is not decided in your sister's favor.  May I point out that 439 IPC is for theft on vessel.  Bail is CRPC proceeding under same section. 

 

 
Reply   
 


Lawyer, Scholar

You know, something somewhere does not sound quite right here. A lady being taken into police custody for purchase of an iPhone 6S on forged documents - on the top of it, being sent to Judicial Custody - lady being led to crime site for recovery by police - all that in city which has, as per you, a Metropolitan Magistrate, not a Judicial Magistrate First/Second Class so presumably a Letter Patents city, not some backwaters.

As they love to say, your story does not inspire confidence. Without meaning to be disrespectful, I really wonder, on who's behalf you've put up this query. 

 
Reply   
 

As I clearly wrote above that the friend of my sister did the crime and without knowing the fact my sister accompanied her friend at the time of crime occurred. Which is also recorded in CCTV as well. In the last conversation with my sister in JC lastly she clear it that during JC police given her two options. 1- either she helps to catch real culprit or 2- she take all charges upon herself that she has done the crime. Now where is the justice when she helped police to find out the real culprit but police failed and forced her to accept the crime which she never done as well not aware about that any crime took place. Now my only question is as she is used by criminal and police both though she is innocent. Would she get bail on 21/03/2017. If not then how would she get the justice.
 
Reply   
 
Dy Director

You have very carefully tried to paint your sister as innosent.

You are not clear about the fact :-

 

  1. How third person can get a copy of the electircity bill of her landlord?
  2. this bill was used as address proof or otherwise?
  3. any bank cheque given by the so called frind of your sister?
  4. any ID proof given by her if so whether genuine or forged?
  5. what are all the events that happened from default and upto FIR?
  6. what happened between FIR and arrest?
  7. How and what type of handwriting can match?

The finance company was initially just interested to get the money only and they give FIR only when they are compelled.  You have not intimated how your sister responded to them.  Obviously she missed a chance of refunding the loan in time and getting the matter closed.

 

You are asking where is the justice?

you just realise that if you had given a loan under these circumstances based on forged documents and only one of the person is available who had activelyhelped the transaction by giving the electircity bill (may be a few more document which you do not know) then:-

  • why at police and finance compnay should not be convinced that she was in connivance for loan as well as for absconding of the friend.
  • why police should not put  the entire charge on her when she is unable to locate the so called friend.

Police (as appering from your information) has not sought remand of her and made her to coax the whereabouts of the so called friend.  You have reason to believe police is acting with compassion.

 

Still you should consider falling on feet of finance compnay by refunding entire loan so that they become mercyful and agree to withdraw the charges.

In any case you are going to spend much more in litigation.

 
Reply   
 

I understand your logic and perception. But if accused would be guilty then she must be absconded but just opposite of situation she(my sister) even not aware about the crime (documents forge) and moving with her normal life along with her kids. Moreover on that day at the showroom even she wished to buy a smart phone and proposed for a loan of 28000 on her own documents. But it has been rejected by the said finance company. Then she decided to buy it in cash later on. So how could I believe that for the said crime she should be behind the bar. So going through very 1st evidence CCTV footage, its clear that two lady enter in the showroom. Subsequently provide their documents. One provide her own original documents which may be verified for Enquiry purpose and other who accompanying her provide her documents and obtain a mobile phone of value 51500. Further its proved that the other lady obtained the mobile phone provided fake documents. So far police is unable to produce that lady to the court and my sister is waiting for judgment.
 
Reply   
 

I understand your logic and perception. But if accused would be guilty then she must be absconded but just opposite of situation she(my sister) even not aware about the crime (documents forge) and moving with her normal life along with her kids. Moreover on that day at the showroom even she wished to buy a smart phone and proposed for a loan of 28000 on her own documents. But it has been rejected by the said finance company. Then she decided to buy it in cash later on. So how could I believe that for the said crime she should be behind the bar. So going through very 1st evidence CCTV footage, its clear that two lady enter in the showroom. Subsequently provide their documents. One provide her own original documents which may be verified for Enquiry purpose and other who accompanying her provide her documents and obtain a mobile phone of value 51500. Further its proved that the other lady obtained the mobile phone provided fake documents. So far police is unable to produce that lady to the court and my sister is waiting for judgment.
 
Reply   
 
Dy Director

So now you mean to say that your sister was not even connected to that lady (whom you earlier claimed as her friend)
 
Reply   
 
Dy Director

You are instead of clearing the facts, causing more confusion by new facts. You have now stated that your sister attempted a loan on these documents which was rejected. Why it should not be believed by everyone that she got help of some expert (whom you were telling her sister) and successfully committed fraud.
 
Reply   
 
Dy Director

I repeat Still you should consider falling on feet of finance compnay by refunding entire loan so that they become mercyful and agree to withdraw the charges.
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics