13 August 2019
Dear Experts, In the year 2009, I was working in a publication group. I got another better opportunity in the rival newpaper. The former media group logged a criminal complain on Me U/S 112-b, 408,409,420 467,468 ,470 & 471 IPC etc. Later on in final chargesheet only two IPC were mentioned i.e. 408 & 420. the chargesheet also mentioned that there is no recovery or discovery in the matter. After a three months legal battle I got bailed out from High court. Now almost it has been 10 years, the case is still pending in the lower court. The complainent is not coming to the court . Except once he was seen in 2013.The complainent him self is been driven out of the same media group. But he came bcoz of the court warrent. I need expert advise on the following point. How should I prepare my defence? The ommission of more than 8 IPC in the chargesheet can make my defense strong? I have filed a defamation case with IPC 500 & 501 against the media group.It's pending in fast track court. should i continue or withdraw? The FIR against Me was lodged in sept 2009, now it's August 2019. Isn�t criminal waste of courts time and� My money attending it every month? What stand can I & my advocate take? The complainent's objective for FIR was to stop Me joining the new rival media group , & were successful in that. What are the grounds for acquital or discharge? I am tired attending the dates, with no results what so ever. All major witnesses are� former company employees or their agents or business associates. They are said to� be either luired or thretened to be witnesses. Is there any high court / supreme court ruling in such matters? Pl advise. Regards
14 August 2019
Any suggestion depends upon the acts/omissions alleged against and the evidence in support, as mentioned in the charge report/complaint. Anyhow, in a criminal proceeding, it is for the complainant/prosecution to prove their case beyond reasonable doubt. Then and then only, the question of your defense arise.