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Indumathi (house wife)     08 May 2014

False cases against my husband

Dear Sir/Madam,

 

My husband is cheated by a family they taken the hand laon of Rs 500000 and for the repayment they given the his wife cheque which is got bounced in oct 2012 and we sent the notice through lawyer and we got reply in the dec 2012. but we filed the case after the stipulated time of notice but the lady and her husand lodged the FIR against my husband  in may 2013 u/s 354a(i) 354d(i) and 506and 509 and the police people without enquery they sent my husband to remand for the 14 days and the family got the fully supporters of police and anti social persons and after release they sent some people at mid night to attack the same we given the complaint o police station but they have not taken our compliant so we have sent the same in the month of oct 2013 to DIG,IG,SP,DSP with acknoledgement and we got the acknowledgement reply also and the family intention is my husband wants to take the cheque bounce case return and with the help of police the family lodged the again FIR in the month of dec 2013 with the same sections and the same case and we have approached to high court and the quash is pending and the police people calling to surrender for the second FIR  and we have also lodged the W/P against the police for the complaint which we have sent in oct 2013 with ack due



 10 Replies

Jayendra Sevada (Advocate)     08 May 2014

what do you wanted to know? You have written only the facts and not asked any query? 

adv.raghavan (Advocate,9444674980)     09 May 2014

As mentioned by the above, u have stated only facts, and u r silent on what u want. U have not mentioned what was the mode of payment to them. and how come u people accepted third party cheque for loan extended .  From you query it is clear the other side is bent upon  taking this issue to the court and u have made things easier for them by filing 138 case, when the matter is pending in the court, and it will take it own time to reach its logical conclusion,  i cannot make out why have to trouble you by filing criminal case . I think u have doctored lot of facts.

Indumathi (house wife)     12 May 2014

Sir,

 

I have doctored any facts and the third party cheque is accepted that we think she is his husband and not a problem to take from her.

 

And I need how to come out from all problems and how to go further if second FIR criminal case quash is dismissed and how to come out from the first FIR which is filed the  chrgesheet and if my husband can go to abroad for the work VISA which is ready by august and we have not attended the NI act case 3 times and which is due on 19th of this month if we failed to attend the case for the 4 time what will happen our lawyer filed the absent petition for the three times and if we go on 19th as we got the anticipetory bail for the second FIR  and we have not submitted the guarantors for the same is nay chance to arrest my husband on 19th if we attend the NI act case at that place ??? please reply me and the NI act case is in oct 2012 and the 1st case filed in may 2013 and second in dec 2013 is same section of cases can filed on one accused ???

Indumathi (house wife)     12 May 2014

Sir,

 

My husband given as the hand loan for the period they asked for one month and we have not taken any cheque or document at the time of the payment of cash.

 

we have not doctored any facts sir,

 

The criminal case which she is filed as subject column it self said that oral threat from my husband and she said may be he can pour the acid attack and can kidnap her childrens and she given the complaint  to S.P  not at the police station as she is influenced by police people who are her relatives and second time also she given the complaint to S.P and not at police station and the police station is near by 1/2 kilometer to her residence and the S.P office is more than 5 kilometers 

adv.raghavan (Advocate,9444674980)     12 May 2014

I am able to make out head or tail out of this query, but still in continuation to earlier advice, if u have taken a cheque from wife instead husband, u can ask your advocate to file petition under 319 crpc making husband also accused to this case. If you are complainant in that NI case and your absence will not affect the proceeding when your advocate can petition the court on your behalf ,With regards to repeated criminal cases being foisted against your husband, u can take this matter with state or national human rights commission,  and u can petition the high court to combine both the criminal cases together and get bail

Indumathi (house wife)     28 May 2014

sir, We have as you know we have lodged the NI act case on her before her two FIR's in oct 2012 . my question is we are left that place where we lodged the NI act case which is under witnesses arguments now we have not attended that case three times (absent petition is forwarded no can we file that case in high court of A.P ? where my husband is working here (hyderabad) please let me guide accordingly ?

adv.raghavan (Advocate,9444674980)     28 May 2014

check with the concerned court, if case was dismissed due to default, u have to re instate the case.

Indumathi (house wife)     28 May 2014

no sir, case was not dismissed and we are unable to go to that place so can we approach the high court of A.P as transfer case ( can  NI act case  transfer from lower court to higher court as I am residing at hyderbad)

adv.raghavan (Advocate,9444674980)     28 May 2014

I doubt whether u will get a positive nod from AP HIGH COURT

Indumathi (house wife)     28 June 2014

Sir, Due to the 5 times absent petition the NI act case is going to be dismissed on 7th july if my husband is not attended said by my lawyer if that happens will it be affect ? can we have the other option to go to high court for the same NI act ??? and is  their 2 false cases will strong if the NI act case is dismiss? please let me know 


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