Greetings to all the Gentlemans & Lawyers here..
I have a criminal case filled against me in the state of maharastra u/s.406,411 r/w 34 IPC and is pending Before the Hon'ble
> Am on bail in this case granted by the Hon'ble High Court Mumbai, on the grounds my lawyer offered to deposite 50% of complaint's amount (other than the Solvent surety) in order to show our bonafide without the prejudice of our defences. The complainant in the case SUPRA has alleged that he has delivered goods to me on approval in 5 (five) parts, out of which only one approval note is signed by me, one is signed by someone else who has given his statement that he has delivered the goods to me, other 3 have been sent thru a local courier service on which only receipent's name and mobile number is mentioned and is being signed a received by a someone else whose statement has not been recorded as it appears to be an unknown person.
Case was registered with the local PS of complainant and Investigation was conducted by the Mumbai Crime branch and the case moved there permanently. Goods or cash etc was nothing recovered from my end during or after Police custody but only a receiver of disputed goods was arrested U/s. 411 IPC and was later released on bail. 2 Other receiver's are shown wanted in charge-sheet.
1) What role does a HANDWRITING EXPERT report plays in such cases,
2) As i am resident of diff state then maharastra is it possible for me to get the all my cases combined & transfered to my own City.
3) Whereas, I have deposited the said amount in cash with the trial court, the de-facto complainant has filled an application with the magistrate that i have generated black money by misusing his Goods and the source of amount be asked from me. The ACMM, till date has not taken any congnizance on this. My lawyers say's that since the bail has been granted to us by the Hon'ble High court, this ACMM has got nothing to do with the source. Even if this de-facto complainant has to ask the source he has to move The Hon'ble High court. Is that TRUE?
4)Earlier the de-facto complainant had filled an application to impose sec. 409 & 120B IPC, for which the magistrate kept to keep in consideration at the time of framing of charges. Now again he has filled an application to impose Sec. 409 IPC and ACMM has directed us to file the say. My lawyer has filled his say with only one stand that the de-facto complainant is not a party to file such application & IO be called personally for the explaination and little about the facts of initial case which does not attract sec 409 IPC. What must i do on this ? Can someone suggest me some good citations of a complainant in CR cannot file such applications and to devoid Sec.409 IPC. I have met the IO personally and he stated that this sec. is only implicable on govt employees or a registered merchandise/agent of a company. There is no agreement of a establishment of a merchandising or agency b/ween me and the so called complainant. Neither the approval note is of standard kind which contains the serial number, VAT no. any my company's name or address. the approval note has only my first name & descripttion of goods with quoted price.
Warm regards.
