Sec. 406, 420 of ipc a/w sec. 13 of mofa
Querist :
Anonymous
(Querist) 30 October 2019
This query is : Resolved
I had filed a private complaint against builder which later on became RCC u/s 406,420 a/w Sec 13 of MOFA. The case is pending in Magistrate court and it’s stage is ‘Evidence before Charge’.
What I’m supposed to do at this stage ?
Should I call witness at this stage or at a later stage?
What are Does & Don’ts at this stage ?
Knowledged councils, please guide.
KISHAN DUTT KALASKAR
(Expert) 31 October 2019
Dear Sir,
You have to lead oral and documentary evidence coupled with examination of your witnesses to satisfy the Court that there is ample material on record to proceed against the accused otherwise your complaint will be dismissed saying that you have not established prima facie case to issue summons.
Querist :
Anonymous
(Querist) 01 November 2019
Dear Sir,
Thanks for your prompt response. But let me elaborate the matter.
In Magistrate Court, I had filed private complaint along with Evidence documents. After going through my documents, Issue Process was ordered u/s 406, 420 a/w a few sections of MOFA. Thereafter, Summons was served on accused. As accused neglected the Summons, Warrant was issued. Then, the accused builder appeared in Trial Court and applied for PR bond. My documents as well as documents of accused like Application for Cancellation of Warrant, Vakalatnama of his lawyer, Application for PR bond have been exhibited. He has also approached Hon. High Court (HC) via Writ Petition for quashing of Issue Process order. He however, has not got any relief from HC.
Now, stage of the matter in Magistrate Court is ‘Evidence before Charge’. So, my doubt is that, whether I have to prove those documents again? Or, else, what I am supposed to do ?
SHIRISH PAWAR, 7738990900
(Expert) 02 November 2019
Dear Anonymous,
You have to made out case by examining witness and by filing documents.
Regards,
P. Venu
(Expert) 02 November 2019
Yes, you need to lead the evidence and prove your case beyond reasonable doubt.
Querist :
Anonymous
(Querist) 04 November 2019
! am thankful to all legal experts for providing valuable and prompt response.
