Hello.
A man filed FIR against me and my father in oct 2014 for the fraud of 3,50,000/-. The background story is :
I was a shares trader. The firm was registered on my name only. The man was my client. He read the ad of firm in local news paper given by me or my father (I don't remember). He invested 2,00,000/- in shares indirectly. Indirectly means he gave 1,00,000/- in my hand and I gave him receipt in mid of 2010. Then he deposited 70,000/- on my father's bank a/c & the man have bank receipt. And remaining 30,000 he gave to my father or me (I don't remember) & the man have receipt. Among this amount only first 1,00,000/- was already transfered to broker for shares trading from my father's bank a/c in mid of 2010. Remaining was not sent because my father didn't want to send it again because previous 1 Lakh was in loss and he didn't want to get more risk hence he requested to take it back the 70000 + 30000 to the Man but the man refused.
For above transaction the simple non registered Notary agreement was created between me and that man only. My age was 20 at that time. My father was only witness. In the agreement, the terms conditions about profit sharing in percentage was written. But before that it is clearly written that I (Party One) don't give any investment suggestion. The Man (Party Two) will be resposible for losses. The risk was explained in the agreement. The agreement will be valid for 10 months. We both agreed on this agreement.
So, the trading was started. We got profit for few months and given him his percentage of profit but we didn't take any receipt because he is my father's childhood friend.
But after that, big losses were occurd and he started asking us his money. We told him about the loss condition in agreement. But he wanted all his money and the fight was got too long over 3 years. During this time my sister's marriage was there in mid 2013. He came to our house 2 days before marriage and threatened us that he will mess my sister's marriage. We had no option. He told us to write on A4 blank paper that I will give him 3,50,000/- in few month. The date on that page is 2 days before of my sister's marriage date. But we failed to give money.
Later he came to my father's office. Threatened my father too about his govt. service suspension and foreced him to write the same thing on simple page in the end of the 2013. My father have written about this story in his own hand writting.
And then in oct 2014 he filed police complaint against me and my father under penal code 420 and 34 for the fraud of 3,50,000/-
Later, my father died because of the tension of this case in april 2014. Now, The case is not started yet. Only dates are given by court.
I have bank receipts of 35000/- that I given him time to time.
I also have loss statement of demat a/c. (the owner of the dmat a/c was my father but username was the man's name). When the first 1 lakh was transfered to broker on dmat a/c. The broker gave us receipt on my father's name as it was transfered from my father's bank a/c and the man have a copy of that receipt and submitted it when he filed FIR. The statement shows almost 80,000/- loss.
So, I want to know, Does this case looks in favour of me?
Thanks.
