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Querist :
Anonymous
(Querist) 08 December 2010
This query is : Resolved
I had bought house in Nov 2008 on heavy deposit in Mumbai till 31 Dec 2009 which I initially wanted to purchase
In June 2009 OP proposed for sale the house as he was not in a position to repay the deposit amount. And we were supposed to finalize the payment till 31st Dec 2009. The heavy deposit amount was adjusted with the finalized amount. The payment was supposed to be done in two installments the First installment in Aug 2009 and Second and final installment in Dec 2009.
On the first installment the MOU was prepared but he only signed the receipt with title which read as follows “part payment for transfer of the said flat” he wrote on the receipt “received the payment against the said premises flat” and told us that he would sign the rest MOU after consulting his advocate. But for our satisfaction he approached verbally to the chief promoter of the proposed society and got the maintenance receipt transferred in our name. Giving wild excuses he managed to get away with his obligation of signing the rest MOU till March 2010.
Suddenly on 3rd March 2010 I received a call from the police station saying that why was I not vacating the possession of flat. And he lodged a complaint. the OP put allegations against us that we had stolen his A/C ,gold ornaments and done “gharfodi”, and also transferred the maintenance receipt of the proposed society in our name along with electricity bill, telephone bill, voter Id card and ration card. On 30th March 2010 I filled a Civil Suit for specific performance with the Bombay High Court. In our Suit, the Police Station was a party including the OP. In our third order the judge removed the Police Station. On 31st March 2010 the OP filled an FIR against us with IPC sections 420, 427, 34,506.
In the month of June 2010 the OP filled the writ petition of mandamus. The filled WP was against state of Maharashtra for directing them to investigate against us. To which we were not made party.
I was arrested in Sep 2010, the investigation was carried on, I was released on bail and the charge sheet was also filed by the IO.
My question are as follows
1) There are many contradictory statements in the FIR, the WP and the Civil Suit reply .
2) There are almost all signatures in the FIR, the WP and the Civil Suit relating to the OP is different as though they do not belong to one person.
3) At his convenience he accepts and denies the MOU. he at one place he says there was no MOU and at another place he accepts the first heavy deposit MOU and denies the second transfer MOU. he agrees that he took the money as it was all through pay order but says that he has not done any signatures
4) Please suggest what shall be my next step and further precautions that should be taken by me.
5) Defamation should be resorted by me in which way, and how much.
a.Please help as I am totally stuck up and can’t see any way out of this although I have good reasons to sue him .please suggest the best way I can make use of his contradictions in the FIR, the WP and the Civil Suit reply submitted by him to get myself out of this and that man never thinks of ever repeating this kind of malicious activity..
s.subramanian
(Expert) 08 December 2010
Defend yourself in the criminal case using all the contradictions. Then you can think of the other remedies.
Advocate. Arunagiri
(Expert) 08 December 2010
The only choice available before you is to get rid of the criminal case. The contradictory statements of the prosecution will be a good ground for defense.
Khaleel Ahmed Mohammed
(Expert) 08 December 2010
You are advised hereby to defend the criminal case using your best all efforts.
Kirti Kar Tripathi
(Expert) 08 December 2010
defend yourself in criminal case by taking advantage of contradicting statements.
Querist :
Anonymous
(Querist) 08 December 2010
should i intervene or go for fresh private criminal case? and kindly also suggest me the crpc sections i should resort to. should go to magistrate court or high court.
thank you all for all your interest and reply in my case.
