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Nidhi shah (owner)     21 December 2012

False police complaint regarding share market losses

Hi lawyers club , our family is being harassed by a person highly placed in Nokia , gurgaon . He has been sending police complaints against us for causing him losses in investments since 2 /3 years .. now he has approached court u/s 156(3) for lodging FIR .. what should we do ? anybody can help ? can we take legal steps at any court to obtain stay order against filing FIR ?


 6 Replies

Advocate Rohit (Advocate)     21 December 2012

What happened exactly. kindly write the incident in detail or you may call me for legal assitance.



Advocate Rohit Dalmia



Nidhi shah (owner)     22 December 2012

My husband used to work in a stock broking firm and this client invested based on his advice .. stock prices went down and he had to sell at loss . he has been sending police complaint regarding this since 2/3 years and since police were not filing FIR , now he has lodged complaint u/s 156 ( 3)   at court seeking direction to file FIR .  

Samar Garg (Trader)     22 December 2012

The offence (Supposed to be) registered on 156(3) are congnizable offences. Before police action, tell your husbad to reach the court of his office jurisdiction through a lawyer and file a case of criminal intidimation and that should be supported by the account statement of the said client, terms and conditions mentioned at the time of opening trading account, forward the certified copy of same to the commissnor of police, Ass. comm of police of your jurisdiction, human rights commission and to the cheif justice of high-court pleading for fair enquiry be conducted in this matter at an earliest because the police force is habituated of showing no-performance to the non-paid FIRs.


Get a copy of 156(3) filed by the opposite party and attach it here for further guidance or hire a learned council, any delay in legal action may put your husband behind the bars.

Advocate Rohit (Advocate)     22 December 2012

Yes, you need to obtain the court order copy and go into an appeal against the said order to set it aside. you need to act fast. Kindly appoint a lawyer.

Further, in the meanwhile keep your records ready about the transaction happened including copy of the trading account opening form duly filled and signed by that client.

The only thing needs to be taken care is that your client had given advice to that client based on the data or market study. kindly keep that details also in your record.


you may call on the below number for legal assistance.


Advocate Rohit Dalmia


nadeem (owner)     21 May 2013

free advice no charges

The Justice Law firm

call me legal advice


Nadeem 9717862229

surya kaliyamoorthi (Assistant Legal Manager)     22 May 2013


Better you can approach the firm or your employer( stock broker ) to extend their support in this regard. Hope firm or employer of your husband would have  executed an agreement with investor , surely the agreement will have the arbitration clause. As far as unauthorised trade is concern, exchange will conduct the meeting to arrive amicable solution between investor and stock broker failing which, Exchange (NSE,BSE or MCX ) may ask investor to file arbitration application before arbitral tribunal.


Based on the vicarious liability point, employer is liable to defend this case on behalf of your husband. In this case he has to defend himself that the trades are taken place with the consent of investor or as per the advice of his higher authority that the trades are executed to avoid the loss before any Forum ( including police station )




Surya Kaliyamoorthi

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