Chargesheet not filed yet
Reena Jaggi
(Querist) 10 August 2015
This query is : Resolved
My husband was booked under a false case u/s 420,406 and138. He got bail. After his bail he was called by police for interrogation there he told all the facts. Duty officer also agreed that everything seems to be false. It was in march 2015. FIR was dt.19.02.15 and hegot bail on 11 Mar. Now what i want to know is police has not yet filed any chargesheet its been 6 months what should we do?
SAINATH DEVALLA
(Expert) 10 August 2015
U/s 167 (2) CrPC of CrPC the time limit is prescribed for filing the charge sheet
(i) Ninety-days, where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment or imprisonment for a term of not less than ten years.
(ii) Sixty days, where the investigation relates to any other offense
Therefore in your case the time limit is SIXTY DAYS if there is only section 420,406 ( Being the imprisonment in this section is 7 years and fine).Section 138 is entirely different.Why was that involved along with the above sections?
Reena Jaggi
(Querist) 10 August 2015
Thanks for your reply sir. Actually the sections mentioned in FIR were 420/406/409/120-B later complainant tried to put 138 too but i m not sure whether he cud add it or not. My husband was doing business with someone suddenly one day complainant came to our house and started demanding 53 lakhs. We refused that there is no such dues he called some of his gundas. We called police and it was agreed that both the parties will check and pay the dues if any. Situation was so bad that my husband was under pressure and he ran away..he was missing for 15 days..meantime complainant lodged an FIR against me, my husband and even my brother and father. We all had to apply for bail and we got the bail. Actual was that my husband's 2.50lakh was due from him..when we demanded the other party did all this. When both of us were in good terms my husband gave him a cheque against some scooty repair work he kept that chq with him and later misused by filing 20 lakh in it. We have told all this to police during interrogation. Even my father's name mentioned in FIR was wrong complainant didn't even knew his name complainant has mentioned that he gave 20lakh as loan to my husband to work on reqiest of my father. how can someone give such a big amount as loan even if nothing has been signed and you didn't even know the correct name of the party. Everything is false in FIR.kindly suggest what can happen next its 6 months now. Can we apply for cancellation. Thanks
Rajendra K Goyal
(Expert) 10 August 2015
Engage a good lawyer, defend the case on merits.
Reena Jaggi
(Querist) 10 August 2015
Kindly explain it in simple terms..what does defend the case on merits mean..sorry to bother
SAINATH DEVALLA
(Expert) 11 August 2015
Its not the question as to what would happen in the next 6 months,First of all engage a good competent lawyer well experienced in NI ACT cases and discuss with him in detail without hiding any facts related to the above case.Actually only the cheque for 20L is not maintainable without adequate documents to substantiate it.Hence better rely on the local lawyer.
SANJAY GUPTA
(Expert) 15 August 2015
Don't worry let the I.O. File a charge sheet. Engage. A good lawyer for defence.
T. Kalaiselvan, Advocate
(Expert) 16 August 2015
Wait for the IO to file a charge sheet, as advised by experts, engage an expert advocate to solve the issue.
