Urgent advice needed or ipc 406/420

Querist : Anonymous (Querist) 26 February 2018 This query is : Open
dear sir/madam

as per the case some of the brief point to proceed against FIR against me i am an education consultants was registered with british council one of student came to me along with his elder brother in 2005 to get admission in uk university in jan 2005 he made his 50% fee deposit by our company support by cheque n cash n receipt issued for same. he applied his study visa in Feb 2005 session which got delayed by British High Commission he withdraw his file from embassy and applied for sep 2005 session he got his visa after the interview in British High Commission, new delhi on 3 aug 2005 and got his student visa starting from 1sep 2005 to 31 oct 3008. i inform the university about student visa secured for sep session. On 17 Aug 2006 university refunded the demand draft to student which was made by my company account. he gave us authority letter to cancel the demand draft of rest he will pay by taking bank loan which was sanctioned by corporation bank, palam branch.

He has take all his admission letter and tuition fee receipt to cross the uk border and reached united kingdom on 1 sep 2005 without informing me.we approach student but his number is not reachable. on 15th dec 2005 his elder brother and uncle approached me without any authority letter from the younger brother who fled london, uk on student visa and ask me for tuition fee refund as they have change there mind for studies now. they said they want his brother to send uk only. they made complaint against me on 15th dec 2005 and i got arrested for 406/420.

after 13 years of fight back now session court removes ipc 420 against me and running the trial. now the stage is in defence evidence his marksheet of 10th and 12th found forge after CBSE summoned. i have deposited the money in court as per court direction in the name of complaint(elder brother).

In Prosecution witlessness elder brother and younger brother misled the court and given false statement. also court has warned the complaint to withdraw the FD amount interest without court order, as court has given FD to complainant to renew he made again for the same amount which was made by me.

they are rich people they ruined my business my life as they said at the time of FIR as there is an statement by complainant that they know someone as known to police.

now it is clear picture that complainant has ruined my life by planning and giving forge document and using my services.

now i need advice what all section should i put under ipc against them and file complaint against them. i guess ipc 340 is too long at this stage.

let seek advice n follow further.

warm regards

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Yudhish Padman S (Expert) 26 February 2018
Dear Sir,

I regret to say that you must let go, for the following amongst other reasons:

In the Prosecution side’s point of view, the case was like this. The student wanted to study abroad. He had no source of income. Therefore, the student’s family paid you money to send the student abroad. The student had gone abroad, and you were required to refund some money to the student’s family. But you are refusing to make the refund to the family members stating that it was the student’s money and that you need a letter of authorisation. According to S.405 of I.P.C., your aforementioned act was Criminal Breach of Trust. Therefore, they booked you u/s.406 of I.P.C. They further would have thought that you were in a money scamming business and therefore, they also booked you u/s.420 I.P.C. But the Court found that you are not running any money scamming business. Hence you got discharged in this regard. Here, I can find no illegal intent or malafide motive on the part of the Complainants. I noted that the SSLC & HSC certificates were forged ones. But its authenticity is neither relevant to nor is the subject matter of your case. In furtherance, the unauthorised withdrawal by the complainant is a business between the Complainant and the Court. They may be rich people. But as stated already, they do not have any illegal intent or malafide motive to ruin your business or your life. Therefore, it is not advisable to go after them. It will only look like a revenge.

Regards,
S. Yudhish Padman, Advocate.
Madras High Court.
Mob: 9566217446.