Victim of law abuse (Manager) 10 May 2010

Fraudulant criminal case pl help

Hello there,

I signed a contract to sell property and did not sell since the buyer did not pay the full amount within the deadline and also tried to cheat and commit fraud.

I returned the paid drafts to the buyer at the police station infront of police inspector to avoid trouble. Buyer has cancelled the drafts by claiming them lost and withdrew cash from bank after re-issue of the new drafts.

Buyer filed IPC 406 claiming that I did not return the drafts till date (2 years after the incident and though he has cancelled the drafts and withhdrew his money) and IPC 420 for not fulfilling the contract of sale.

High Court has quashed Sec 420 and rejected quashing of Sec 406. I am appealing in Supreme Court for quashing of Sec 406.

1. Can I file FIR against the complainant for Fraudulent criminal case for sec 406 while my petition for quashing for the same offence is pending in SC?

2. Can I file Sec 420 now after 2 years for his intention to cheat in the sale transaction ?

3. What are the offences that I can file against him for false criminal case to harass me and for misleading the hight court ?

4. Can I claim damages for the IPC 420 that was quashed though it did not go through trail?

Please advise

Thanks a lot,

Victim

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7 Replies

Anmol Sharma (advocate) 10 May 2010

At this stage whatever you re asking is premature... let the dust settle first.. you can file all the cases you want but as per my opinion it will not have force at this juncturet... also let other lawyers comment upon your query...

Daksh (Student) 10 May 2010

Dear Victim of Law abuse,

For the better appreciation of your case it is desired that you may clarify as to why no reciept was procured from the buyer if the drafts were given in the police presence or for that reason even police must have made some D D entry to this effect.

Secondly there is no limitation in filing and prosecuting criminal case as sought to be enquired by your good self, last but not least I concur with Anmol that it is a bit premature and once his cases are thrown out then you should nail him down for filing wrong and frivolous cases.

Best Regards

Daksh

Anmol Sharma (advocate) 10 May 2010

hi, there is limitation in criminal cases too, bro..

Victim of law abuse (Manager) 10 May 2010

Thank you for your responses.

Who knows how long it takes for this quash to go through Supreme Court and how long do I have to wait to file my petitions?

Where is the justice? The guy who is committing fraud is happily commiting crimes and I have to go through few years of stress in the court.

What should I answer to following questions im my case though the investigation has not commenced and no summons were issued :

1. Are you aware of any proceedings pending against you for an offence, including
proceedings by way of appeal or review?
2. Are any criminal proceedings pending against you in criminal court in India?

thanks for your help.

Adv. Virendra (non) 10 May 2010

Whether you have engaged services of a lawyer or not is not clear. It is better if you put on board what ur lawyer says. Defamation case - civil for compensation and criminal can also be filed !

N.K.Assumi (Advocate) 11 May 2010

Hello Victim of Law Abuse, the buyer can not succed in the trial under section section 406 filed against you even if you dont returned the draft as it does not amount to misappropriation within the meaning of section 405 as it is only a breach of contract, similar case under section 406 and 420 IPC was quashed by the Punjab and Haryana High Court as reported in 2006 (2) Criminal Court Cases 974 (P&H). In your case you have returned the draft so it will be better if you fight in the trial court and if you succed filed malicious prosecution againt the buyer for maliciously prosecuting you in criminal court: and also you could have filed suit for specefic perfomance of contract. but you have returned the draft and you have not sell the property so fight in the trial court first for 406 IPC, I am sure you will be acquited.

Victim of law abuse (Manager) 21 July 2014

Trial for this case is starting end of this month after dragging for 4 years. It was a private complaint and we got summons. Judge said there will be an inquiry. How will the inquiry happen? Will the prosecution examine and question the petitioner and all the witnesses specified in the complaint or just take their statements?

After cancelling the drafts and withdrawing money from bank, buyer filed a private complaint in court stating that we are still holding with dishonest motive those drafts he paid us.

Is there a way we can let prosecution examine the bank before the charges are framed to speed up the process? I heard that court will not consider our evidence in the initial stages