Dissmissal of criminal case in Magistrate court
Querist :
Anonymous
(Querist) 04 October 2010
This query is : Resolved
I pradeep from Mumbai. I had transportation business with my partner which was separated in 2003. out of total 3 vehicles one I got, two he got. In nov 2004 we have executed dissolution deed. all the vehicles under finance. Dissolution deed was delayed bank was not co operating. There was oustanding in all the vehicle as on Nov 04. In May 05 I have cleared my vehicle outsanding and as per arrangement I transferred the vehicle in my name. However partner could not clear the oustanding and bank repossed the vehicle. Afte possession he cleared the outstanding. However bank insisted my consent for releasing the vehcile. I insisted for relive me from all these hassles and requested my partner to bring in new guaranter for his two vehicle loan which were not totally cleared. Even bank has agreed for this arrangement. He could not bring guarantor. To get the vehicle released he filed false case accusing me and bank manager for cheating u.s. 156 crpc for police investigation. Police called upon me and they reported to the magistrate. This report submitted by police in may be in nov 07. Magistrate has started the process. As per my knowledge my partner never attended after nov 07. Neigther I received any summons till date. Once I checked up with clerk in feb 2008, case was still open but never attended by him. I also never attended because I have not recd summons. My lawer says case will be dissmissed. After thay I never checked with clerk about the position of case. Now my question, what the law say on such situation. Please clarify.
