Undre alligation of 120b seeking purmission to go foreign
rohit
(Querist) 03 May 2017
This query is : Resolved
hi,
i am from state rajasthan and i am here to ask about my case in which i am facing allegation of ipc.section 120b .In that case my father did a contract with a party to sale his shop which is already under stay from high court and stay taken by my father against his brother who is also owner of the shop.My father write-down all conditions about that shop in the contract paper.That party gave 10% money advance and assured my father that he will pay 50% of the rest money before one week of the date of registory than my father will have to withdraw that stay from high court than on the day of registory party will pay complete payment.(but this condition was not written in that contract paper).I ALSO SIGNED AS WITNESS IN CONTRACT .But the party not paid any amount rather than 10% of advance till the date of registory.On the date of registory party came to my father's shop to give new offer that only they can pay 50% by cheque and 50% cash.But my father refused that offer and said them to return that contract paper and take your money back to cancle the agreement.On the same day I went to registorar office to registor my attendence.Next day the party demand double money of the 10% advance to cancle the agreement but my father not agree with their demand and the next day party lodge FIR against me and my father of 420.Me and my father got anticipatory bail from high-court raj.Now case running in local CGM court from last 3 year and i am facing allegation of 120b ipc.
Now the matter is i am to go foreign (AUSTRALIA) for the period of six month to meet my wife and i lodge petition in high court to seek permission to extend that condition in which i can not leave country without permission of court.
but court issue the notice on the name of 2nd party but the 2nd party not living on the proper address and on the mentioned address their father refused to take notice and refuse to sign notice.Than the court said that it is not served and said to re-issue notice. I already spend the time of 5 month in whole process now what should i do next please advise .Me and my wife facing troubles alot .
Guest
(Expert) 14 May 2017
The High Court would Certainly Grant you Permission.Better Consult and appoint a Local Good senior Advocate.
Guest
(Expert) 14 May 2017
Refer Judgement in the Case of S.K.Ashok Kumar Vs State of Kerela on 30 th April 2009 in the High Court of Kerela at Ernakulam Pronounced by Honorable Justice Mr.V.Ramkumar.It would Precisely Suit your case.
