Case u/s 420/409/120b

Jinu KUMAR (Querist) 11 June 2016 This query is : Resolved
Respected Experts,
I was a share sub broker with 2 more businesses one was supply business to Govt Deptts on collector approved rate. second was property business ( means i owned 3 firm ). I got a loan from a teacher lady who gave me 50000 by cheque in my personal name on 2010 and we signed a plain paper agreement in which all details like amt/ interest rate /duration/etc and the detail of security chq with intt . which she has taken from me..is mentioned with specifically mentioned that it is purely loan besides her demat account ( she is client in share mkt business too)after loan period she took money of interest and again gave me for a particular period ...this practice was continued till 2014 .meanwhile i got regularly receipt of amt what i paid to her with this special note that this amt is purely loan and i am getting interest. And we by mutual consent cheque renewed for another term and the date was final chq was 31-03-2015. suddenly she made a FIR in FAB2015 one month prior of PDC date ( she never presented the chq for payment in bank hence no question of chq bounce etc).against me and my wife that she gave amt for SHARE BUSINESS ( no proof with her only blame chq was in my personal name ) but they use in personal business and not giving my amt.return .The local police arrested me and court departed me jail u/s 420/409/120B and i was there in 4 months because LOWER_SESSION both rejected and high court was in vacation . Now i want to know that her signed plain paper agreement in 2010 when everybody was clear ( she and me ) . the receipts of amt in which interest and loan etc. already mentioned.is useful for me in trial or not or her statement which she is now creating false fully will be consider by court.I think this is FIRST CASE IN INDIA in which chq was not presented in bank chq was not bounced No documents with her what she is claiming and we have all receipts / her renewal consent / plain paper agreement and we declared/under trial in 420.we demanded papers from them for another blame u/s 409 . No one is considering our facts and paper they said in final stage we will see it as proof .means An FIR without proof is sufficient to damage anyone's life and the police (investigation agency) / and court will see your proof in last in between you ...... pls advise me is this case is as per law ? and if yes then our proof will save us ?

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Sudhir Kumar, Advocate (Expert) 11 June 2016
Very long narrative

Devajyoti Barman (Expert) 11 June 2016
Quashing is an option for which you have to file the same in high court.
Since I am not aware of the contents of the case and full case history no further advice can be given.