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?
Thanks a lot,