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Victim of law abuse (Manager)     22 July 2014

Fake 406 case

Complainant filed a fake private criminal complaint under section 406 and managed to drag it for last 8 years. 

He paid us demand drafts for a transaction and we returned the drafts to him because the transaction did not happen. He cancelled the DDs and withdrew money. He filed a private complaint alleging that we are still holding the drafts with dishonest motive.


Trial started recently and court is doing inquiry. He is trying to drag it even further.


Is there a way that I can request prosecution to examine the bank during the inquiry to speed up the process? My lawyer said we have to wait until the charges are framed.


Can a third person who is not related to case write a letter to court with evidence ?


 3 Replies

Nadeem Qureshi (Advocate/     23 July 2014

Dear Querist

file a RTI Application before Bank and got the information of withdrawal of the DD, if bank admit the fact that the person who apply for DD, withdraw the same against the cancellation of the same then the accused may file a discharge application before court


file an application to examination the banker under section 296(2) of Cr.P.C before framing the Charge, if the court think fit and proper then the court may allow the application u/s 296(2) of Cr.P.C and passed an order as per the examination of Banker, if banker admit the same as you mentioned then the court may pass discharge order in favour of the applicant/accused.

1 Like

Victim of law abuse (Manager)     23 July 2014

Thank you Nadeemji! 


Can I file discharge application immediately during the inquiry stage?

Nadeem Qureshi (Advocate/     24 July 2014

Dear Querist

yes, you may file the discharge application under section 245(2) of Cr.P.C

245. When accused shall be discharged.

(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.

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