pc act 1988

Querist : Anonymous (Querist) 15 December 2010 This query is : Resolved
C; the Complainant RV: an advocate KMS: Jr. to RV P: Govt employee B: Govt employee

The complainant in his complaint says "RV informed him that P and B are demanding money to do his work. Then C alongwith RV went nd met them ona date. P and B demanded money failing which the work will bedelayed."

The date which he is mentioning is totally false. no one met him on that date neither earlier nor later.No money was demanded from RV by both govt employees. here the complainan fails to mention the date on which RV told him. The date on which he alleges to have met the place and who arraned for thi meeting etc..

In his stttment given later on he states that "the date on which he met the govt employees the ovt employees discussed someting in their mother tongue with RV andf RV informed him that they are demanding . the language in which they discussed which he did not understand"

after two days RV takes KM and P to the complainant place and introduces them to C. Pl note that voice transcription memo shows that introduction takes place on this day. so it is proved that earlier C did not meet anyone. In this meeting KM intorduces himself as govt employee. later on KM accepts the money. RV under fear says this money is mean for B and P. thereafter he contacts B. KM hands over the tainted poart in the hands iof B. since B is Partially blind and cannot see with left eye KM utilises this point and hands over thru left part. upon handing over B was caught . The B then hands over the same to P by saying it is ur money and I dont know how much it is.

Now chargesheet is filed . Earlier B, P and KM were arrested/ Nmae of B was not in the FIR. In the fir they have stated that prima facie offence on behalf of KM and P is registred. Now the position is B, P, KM and RV all are chargesheeted. Now what will happen in the trial court and How B can protect himself. B hss neiher demanded from C,KM,P or RV

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s.subramanian (Expert) 16 December 2010
B can prove his partial blindness and succeed.

Querist : Anonymous (Querist) 16 December 2010
sir thank you very much But also if I prove that the date on which the complainant alleges to have met me and other person and falsely states that we demanded money etc thereafter RV had aksed him If I can prove that we never met anybody since CCTV installed in our office which will prove evidence that we never came out of the office till late

Raj Kumar Makkad (Expert) 16 December 2010
If you prove your case mean disapprove the case of the complainant then benefit of this situation shall definitely go in your favour.

Advocate. Arunagiri (Expert) 16 December 2010
You have good defense. File a discharge petition before the trial court. If the charges were framed, go for quash.

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