sandeep solomon (business) 20 June 2012

An false complaint

i have presented a check of rs 400000(donor has given this cheque in order to give back my money) through my sb (axis bank) account and the same has been credited to my account then i even used(drawn) partial amount also but after ten days donor of the check lodged a complaint against me in a police station that i have stolen the check from his house which has been already signed by him (ipc 380). now my amount is freezed, [later i came to know donor bribed the police to do this] and i have taken the anticipatory bail . sir please advice me what should i do to withdraw my amount.

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Hemang (Advocate) 20 June 2012

If the money was really advanced by you and that was paid back by way of repayment, there is no question of filing complaint at all. Issue a legal notice to the said drawer of the cheque that the said amount of money was given to you for the discharge of debt and liability.

You should endorse a copy to the Police station concerned. Also inform the commissioner of police in this behalf complaining to the effect that the said complainant had made the repayment of debt so as to discharge the debt and other liability.

The police may file B or C summary and request the court for discharge. You should represent the true facts before all such forums. Hire the lawyer, who shall advise you in a best possible manner at his command. At the same time, you can try for "quashing of complaint" as provided under Section 482 of Criminal Procedure Code before the High Court. Bring a stay of complaint.