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sid chopra (proprietor)     18 July 2011

After framing of charges, what happens

MY friend has been implicated in a false 420 case. Her lawyer was bought over by the opposite party. Since she is over 50 years she didint know much. Now the case has almost reached the stage of framing charges. She changed her lawyer but despite the fact that it is a bogus case. she is very suspicious about getting justice in a magistrates court. What happens if the charges are framed? Will her passport be taken? Can she apply for revision immediately?

It is basically a case of 138 of a bounced cheque which they did not file in 1996 when it happened because there was no merit and her lawyer had answered the notice..But 5 years later filed it in cheating case. They have changed the witnesses and yet the magistrate allowed it. False witness and evidences were given by the oppoite party which is a company and has lawyers on its payroll who are professionals in harassing.

 

Will be obliged if queries are answered and any advice is forthcoming.

 

Thanks



 8 Replies

Legal Fighter (Advocate)     18 July 2011

after framing of charge, the complainant will lead evidence to prove his/her case.

u can challenge the framing of charge order under revision within limitation period.

1 Like

(Guest)

What is the limitation period? Is it different for different charges under diff sections?

I amd also interested?

Raghav Sood (Lawyer)     19 July 2011

revision petition lies in sessions court period ninety days

1 Like

THANKACHAN V P (Advocate & Notary)     19 July 2011

1. No question of seizeing the passport.

2. It is better to face the trial than going for revision.

3.Cheating case based on bounced cheque is not likely to end in conviction .

4. If  she does not want to appear before the court on all hearing dates request her cousel to file a petition u/s 205 Crpc

1 Like

sid chopra (proprietor)     20 July 2011

What about applying for a 'dismissal of case' application since no ingredients of a 420 cheating case are present. What are the conditions needed for such an application? Is it likely that the magistrate will take cognisance of such an application even if the case has reached 'evidence before charge' stage?

THANKACHAN V P (Advocate & Notary)     22 July 2011

1.There is no question of " Dismissing the Case". No provision in Crpc to file such petition.

2.If charge is not framed you can argue for a dicharge.

1 Like

sid chopra (proprietor)     22 July 2011

I gues the correct terminology was 'dischargiung the case' that is what I meant. Charges are not framed as yet so what are the salient features through which one can prove that no ingredients are present for a cheating case. There was a contract and the contract had an exit clause. So how can it be cheating?

THANKACHAN V P (Advocate & Notary)     22 July 2011

 

The Code of Criminal Procedure, 1973 (CrPc)

 

 

239. When accused shall be discharged.

 

If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.


Normally breach of contract will not amount to cheating only civil liability..No special application is required for arguing for discharge.

1 Like

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