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andrew raj (manager)     06 July 2015

Fake case filed under sec 420

Hi Sir, I am the Manger in charge of a reputed placement company . The company is a partnership firm in which I am not a partner. In June 2014 I received summons on my company's name where I am named as A1 from the CMM court to be present fro a case filed U/S 420. There was also an accused A2 summoned who was never an employee of my company. The complainant a lady has made an acquisation that she was employed by me and A2 to souce candidates for various companies. The complainant claims that the candidates she sourced were then contacted by me A1 through sms service and sent fake offer letters in return for which she has collected amounts from the candidates not knowing the offers were fake. The amounts were deposited by her in the account of A2 who she claims was a part of my company ( Bank Deposit Slips in A2 personal account and Chq of Rs 1,5 Lk issused by A2 from his personal account as Evidence submitted with complaint ) she claims that she also handed amounts to me A1 by cash only. Later on when she came to know the letters were fake from the candidates she realised she was cheated and filed this case. She has also named four witnesses in her complaint. There is no other evidence provided with the complaint. I have been present for 6 hearings from the start of the case. In the 2nd hearing the complaint against A2 was dropped due to non payment of process and the case continues against me A1 as the Rep for my company.

This is a total fake case to defame my company. The compainant or the accused A2 were not employees of my company. The compainant is now deceased in Nov 2014 and the case is still in the appearance stage the judge is asking the complainant's advocate to bring the complainant's father who was present in the last hearing on record in order to continue the case U/S 420.

There is no information provided about the amount given to me A1in the complaint

There is no evidence provided to prove that the complainant and A2 were employeed in my company . Nor any materal evidence to prove my Company's association with this case

There is no evidence provided of the fake offer letters claimed to be sent by me by the accused 

The only evidence submitted is the Bank Deposit Slips made by the complainant in A2 personal account and Chq of Rs 1,5 Lk issused by A2 from his personal account and now the complaint against A2 is dropped due to non payment of process

Please advise the options available to me as the charges are yet to be framed and the complainant's lawyer wants to continue the case so does the Judge




 2 Replies

adv.raghavan (Advocate,9444674980)     08 July 2015

Going by your statement and if you are sure about it, go for quash of proceedings. It is as risky as handy, i still prefer to speed up trial process as the evidence adduced  by the complainant seems to  be weak and will not stand the test to law.

Sensei Mohan (Self Defence Trainer)     08 July 2015

Normally, in indian Judicial system, the Quash petition probably not entertain by High Court even under sec 482 of Crpc. They simply says that, what you want to explain go and tell before trial court, it is the Base, Because, the Trial court only can consider the matter accordingly. but still some cases are taken to quash under some circumstances. Any way, filing wrong  FIR Is offence U/s 220 of ipc, giving wrong complaint U/s 221, aND pROVIDING WRONG INFORMATION U/s 193 undr perjuries are Offences,

SO fight

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