Criminal Law queries [Resolved] [1942]

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sunil ramchandani 17 April 2010 at 18:36

bail application

i have presented a bail application u/s 438{anticipatory bail} to session court but it refused.my client has been booked u/s 379,411,420 ipc.now i have two options
1} to surrender him to JMFC n move a regular bail but m not expecting bail from there as other accused r still in jail since last 8 months.only one accused is released on bail after 2 months from session court.
2] to apply to high court for anticipatory bail n if rejected surrender accused n again file a bail application in JMFC n than if rejected than to session court n then to high court

facts of the case are-
several indica cars were stolen from diferent cities n states by 2 accused n were sold to my clients n they sold to third person by properly transferring it from RTO.even a NOC was given to them regarding indica cars sold to them.but afterwards they all were seized.thieves use to change the no.plates n engine nos n chasis nos.by welding new on them.they use to purchase accidental vehicles which were fully damaged n use to change engine no n chasis no. of stolen cars with their {damaged cars} engine no n chasis no.
thus the vehicles use to be sold n transferred

but the issue is my clients r absconding since the seizure of vehicles.now their r 5 cases pending related to seized cars n in every case accused told that he use to keep vehicles for finance with my clients

pls give me guidance abt what should i do to save my client from going to jail.

if i will present anticipatory bail in high court n is rejected than will it create problem in obtaining regular bail from JMFC court.

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Anonymous 17 April 2010 at 13:54

Can a person who has been a zamindar withdraw

I am that same person of 498A on husbands friends.
My cousin borther has stood as zamindaar for me & my friend K. But now that my cousin knows that K has back stabbed me he is not ready to stand as zamindar anymore for K. Can he withdraw only from being K's zamindaar & if so what is the procedure.

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Anonymous 17 April 2010 at 13:32

Friend not paying amaount borrowed

I am the person who had asked for query on 498A on husbands friend.
As explained there in I used to help my friend financially also. Since the amount borrowed was on a higher side, my freind gave me 2 cheques one of 18000/- & other of 20000/- with my name written on it but no date. He told me when i will have funds you put the date & deposit the cheques to take your money. He owes me somewhere around 40000/-.
The thing is he left his job as he feels that his wife cannot ask alimony
or compensation if he is jobless. His parents are paying his car installments or else they will lose the car, even paying his new education course
fees to show he is studying hence cannot work. But for my money they say their son had used that money so when he will take job he will pay, this is ridiculous.
This domestic violence case may run for 2 yrs also & other 498A case & his divorce case may run for yrs so how can i wait so long to take my money. Since it was all done in friendship.
He does not want to keep any contact with me, as he has back stabbed me by writing something lies against me in the "say" filed against the complain made by his wife under domestic violence & nor does he want to reply any thing about returning the money he sent an sms saying now i dont have money i will pay when i have & he is not ready to do job also.
There is NO written proof regarding that, as all this was done under friendship now all i have is his 2 cheques. And i guess he will not keep any balance or will not have any money in his account as he has left his job also.
How can i get my money back ?
Can he prove that these cheques were given as security cheques ? but i feel they are not & if so what is my remedy to get my money back.

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kanti kumar 16 April 2010 at 15:32

property sold through fraud

There are three party A ,B and C firstly A sells the family property by committing forgery to B without knowing by B that the said land was transferred through fraud then again few years later B transferred the land in favor of C and till now land currently with C, then few years later A's family member not living with A came to know about the fraud can he make the complaint in police , and in this situation who is the legal title holder and what will happen to B and C are they not the legal holder of property as the sale is voidable at the first transfer itself....

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rdburmanmusic 16 April 2010 at 13:01

pls

will threat and false allegations sms to harass will become criminal intimidation? can i file FIR against the person who sends severe allegations and threat

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sumeet daryani 16 April 2010 at 12:48

Fraud done by me

Dear all Experts,

I really beg your expartise advise on the matter of fraud conducted by me. I am working with one of the Pvt Bank of India. As i belongs to sales field and we people from sales usually remain under immence pressure from our bosses for business and performance.
I have signed my customer's signature on the application of demand draft and taken out the demand draft on the favour of one of the investment company and submitted the application form of that investment product again signed by me along with that draft to the invest company. The investment has done on the name of that customer only.
Some days later he have received all the document relating to that investment to his residence and call me at his home. I convence him that falsely that this by system error that this document has reached to you and took all the document and destroy it but i was not knowing that customer has taken out the photo copy of that document. now he came to know each and every thing and he is doing police complaint against me.

Can you pls advis ehow can i get out of all this as i my self tried to convence him but he not aggreed and now my boss is also not with me.

Pls help me.

Thanks and regards
Sumeet

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Anonymous 15 April 2010 at 21:48

498A on husbands friend

My friend (K) ran away from his house & against the wish of his family got married to a girl (S) who was 5 – 6 yrs elder to him. Since his family was against him & no one was there to help him, so I helped him in his marriage, as he needed a car & I was the only one from his side in that marriage, even in his reception non of his other friends showed up & I was alone from his side. Than he needed my car for going out, shopping & all that so used to go whenever he called.

From the day one they were staying in an rented house in thane on their own.

After a few days they started having initial adjustment problems, hence he used to call me & I tried my best to help him out, but this became a routine once he called me late night at around 11.30 to sort out their problems. So that day helped him & told him everytime this is not possible & would never tell a single word to that girl just make my friend understand & come back but than he said everytime you blame me you must must that girl also understand, I told I will not speak to that girl, let someone from her family make her also understand, so he said she is close to her jijaji ( elder sisters husband ) so my friend gave me his number & next day I called him & told him to please come with S’s sister & sort out the problems between K & S as everytime I cannot handle all this.

Than my friend used to get up with all this fights between him & his wife used to come to me saying to take him out somewhere as he need a break, so I used to take him out & make him understand that these are initial adjustments problems which everyone faces & after some time it gets sorted out.

They were having lot of financial problems also, so many a times used to help my friend financially also, as they had just started a new life so will need money.

Every now & than they used to have quarrels & so on which my friend used to tell me
But did not talk much as it is their personal matter. Than in between K's family also tried to talk & sort out the matter by meeting the girls parents but no use they themselves had big fight & K went lodged an FIR against his own parents & sister.

His sister played lot of cunning games in between which I & K both could not understand like calling that girl to meet so that she can speak to her parents but ehre also she blamed that girl saying my brother is not happy with you, you both keep fighting if that was not the case than why it was just 1 month after your marriage K went out with his friend instead of spending time with you & all those cheap tricks of creating misunderstandings

Than any how these went on for few months & from 1 Aug they started to stay sperate, by came back to his house & girl went to her mothers place. Than in between they met but the boys lawyer told that girl they will go for divorce.

So the girl used 498A, 406 r/w 34 against that boy, his parents, his sister & on me also as a friend.

For K & his family she has mentioned many things

For me :
She has mentioned that K used to come with me out & telling lies at home that he has office work. Than I called & spoke to her jijaji about their quarrels but there were no quarrels, than I had accompanied K to her jijaji house & asked for money to buy car & used to pressurize her to take loan for car & all that crap. All this she has mentioned to nari sanghatna & in her domestic violence complain also

The truth is what do I know what K tells at his house & comes with me. Further if there were no quarrels between them than why is her husband telling his friend to take him out, If all the things were right than he should spend time with her & not with me. That story is made up & totally lies about I accompanied K to ask for money & pressurizing her to take loan, what have I got to do whether they buy car, truck or train.

I am really fed up with all this crap & even my friend now is trying to ditch me to save himself.

Please tell me how can I get out of all this mess. Can I get quashing done for myself or what needs to be done that I can move out from all this.