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rds (owner)     24 November 2021

Fir registered by the police

​Complainant has filed a false complaint against the Applicant. It is the Applicant who has to receive the outstanding amount from the Company. In order to discharge the liability the cheques were issued which got dishonoured. The Applicant has filed the Criminal Complaint u/s 138 r/141 against the Company and its Director, which is pending before the Magistrate Court.

The signature on the cheques and the letter which the complainant is allegedly claiming to be forged is in the custody of the Magistrate Court via; Examination in Chief along with original documents filed by the Applicant.

The Applicant has not committed any offence. The Complainant in order not to pay the legitimate dues of the Applicant has made the false story and filed the false complainant.

The FIR registered by the Police against the applicant is false, bad in law and completely devoid on merits. All the documents were provided by the Applicant to the Police and statement was also given. In spite of all the facts and documents the Police have chosen to file FIR against the Applicant.

The Applicant move to Hon’ble Sessions Court whereby rejected the Anticipatory Bail Application.

please suggest judgment or citation for High Court.

Thank You



Learning

 2 Replies

Dr J C Vashista (Advocate)     24 November 2021

@ rds,

 What is the allegation / provision of law in the police / FIR case against the applicant, which is stated / claimed to be false ?

Prima facie the FIR has been lodged as counterblast to the complaint u/s 138 /141 NI Act, is it so ?

Judgment / citation / format and specimen are not provided on this platfom.

What is your concern/ problem / locus standi ?

 

Archana Pandey   22 January 2022

Mr, RDS,

Now, you may approach to a High Court, seek anticipatory bail, through a application in writing. Present and highlights all your facts in a proper manner so that High Court can give you a big relief. However, accused will get punish in under Sec 464 which says a man is using his own signature for forgery in mind.


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