(Guest)

Misled by the advocates of the accused

I had filed a criminal case against a corporate u/s 409,,420,500 IPC and they proceeded to the High Court for quashing of the same, during which the Advocates of the corporate made me believe that they are interested to settle the matter out of court, to which I agreed and the same was informed to the High Court. After which they have taken a few adjournents for the same reason. Now the corporate says that their advocates have never taken any adjournments for out of the court settlement. Please advise:

1. Is it alright to inform the court that there will be a settlement and then without even trying for settlement, they even deny that the adjournments were taken for settlement.

2. If they did not want to settle the matter, they could simply say no...why are they denying the adjournments for the same. Why did they mislead both, the High Court and me?

3. What can I do in this scenario? Please help.

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14 Replies

(Guest)

Many Thanks Ashish Sir.

There are no views of the HC so far, as the case then had just come up for hearing.

Your reply is very encouraging. Please tell me, does the fact that I had won the civil cases

against this corporate, support my criminal case in the HC.

Regards.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 26 December 2012

Dear querist

fight the case now and in future first think then belive and try to record all the statement before court.

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Vipin Kumar Marya (Advocate) 26 December 2012

As advised by Mr. Ashish, you defend your case strongly and with confidence.

It is the general practice of corporates now a days that they used this tactice of making false proposal/ promoising of compromise, just to deviate the complainants from the facts and for gaining the time.

Now it is better for you to proceed with the proceedings instead of be the victim of their tactice.

Vipin Kumar Marya

9811340017

www.lawlair.com

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(Guest)

Thank you Nadeem Sir and Vipin Sir.

(Guest)

Many Thanks Ashish Sir.

Sir, I am a de-facto complainant and I certainly dont want the case to be quashed. I had won the civil cases and

do the findings in the civil cases help in the HC so that the criminal case is not quashed.

Please help.

(Guest)

Many Many Thanks Ashish Sir, well understood now.

Regards.

(Guest)

Ashish Sir...you mean to say that this 'courtroom strategy' is used by one counsel on the other counsel? or is it just against the unfortunate lay persons who represent their own cases.

Adv k . mahesh (advocate) 27 December 2012

this means to avoid the proceedings of the court at that moment

there is lot of difference from civil court and high court as the other counsel if he suceeds at the time of arguments that he is prove to justify his words and he will win the case

even some times judge may decide on merits even if you cannot try to defend in right manner

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