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sudalaimuthu, (Advocate and Tax Consultant sudalaipearls@rediffmail.com)     27 October 2008

Credibility of complaint


hi friends,

  A1(gold smith) was arrested u/s 420 of IPC for deceiving D1 jewels which was given by him to convert the jewels in to ornaments.But  he could not repay since business was closed due to loss. now a complaint was lodged in his friend E1 name. but at the time when the jewels were given that E1 also accompanied with D1. 

What about the credibility of compliant.
Plz clarify with relevant citations


Learning

 4 Replies

prof s c pratihar (medical practitioner &legal studies)     27 October 2008

police can regisrer a case after getting information from any source but the name of the complainant be recorsed and must have some evidence to substanciate his action. malicious prosecution or vexus claim may  cause suit for damages. pl keep all your documents ready and give objection when bail petition is moved.the person whose jewellrry is misappropriated must give evidence. moreover s 405, 406 IPC also attracted.

K.C.Suresh (Advocate)     28 October 2008

Over - rightly answered by prof.

Rajesh Kumar (Advocate)     28 October 2008

We live in a strange country. We file complaint of criminal breach of trust without examining whether a relation of "trust" exist. We file a case of cheating when the other person is not able to pay due to loss of business.


Such things happen because civil courts in india has lost its relevance as cases are not decided for decades. Although the criminal cases are not decided, at least the complainant can harass the accused with arrest, bail etc. And with such state of civil courts, he is sure that the accused cannot get any damages at least in this life time with the speed of civil courts.


Thus- delay is encouraged to deny justice. 

prof s c pratihar (medical practitioner &legal studies)     28 October 2008

what is mentioned is absolutely true.it should be started as movement by every body to change this judicial process.court is closed for one month ,two month, it is for whose benefit? it is reduced a bit due to movement only.the clients only know who suffered a lot   like me. be a judge , enjoy till the age of 67 years for some posts.


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