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Ravindra Niphadkar   08 March 2016

Criminal case under sec 200

The builder issued cheque which was instructed stop payment to bank. No notice of stop payment was given to me. The case was taken by me to consumer Court as many other violaions of law like MOFA Act etc were done by the builder. The builder instead of refunding the cheque amount filed private criminal case of theft of cheque from his office under Sec. 380 and 411 in Magistrate Court and I came to know about it when written statement was received in consumer Forum. It seems the case is with Magistrate as no warrant etc. is received. Now question is whether before Magistrate gives order for warrant can I file any petition to the court for quashing the case as the case is frivolous and baseless. or I should wait for warrant from the court and then file revision application under Sec 397 for challenging and quashing the case. There is any other remedy as builder is delaying the Consumer Court matter as also putting pressure on me by filing theft case. 


 1 Replies

ROHIT SHARMA (Legal Advisor )     08 March 2016

1. If the builder has mentioned in his reply before the consumer forum that he has filed a criminal complaint before the Magistrate then wait for the court to send you summons.

2. The police in that case should have by now interoggated you if the Magistrate has directed the complaint u/s 202 Cr.P.C.

3. The burden of proof that you have had stolen the said cheque lies upon the complainant.


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