F.I.R.

LAWYER

An agreement to sale executed by A in favour of B, in condition that rest of the amount will be paid at the time of final sale with in 2 years. B never turnup and after lapse of 2 years he lodged F.I.R. Under 419,420,452,506, I.P.C. with allegation that A along with his family member came at the house of B told that don't ask for final Sale, abuses and threatened. Whether this F.I.R. is maintainable?
 
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Lawyer

FIR is only a report recorded by the Police of a cognizable offence. Whether the charges  stick or not is argued by parties at the time of framing of charges. You have stated facts regarding abusive threats which come under section 506. Facts constituting offence under other sections of IPC are not there.  

 
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POWER OF DEFENSE IS IMMENSE

Even after the views of Mr Thukral , the facts of the case are against A., and FIR is maintanable.


After execution of  conditional sale deed  what A has done to get it completed. There has to be documentry evidence that A called upon B to complete the transection.


Otherwise it will be presumed that A is intentionally avoiding to complete the transection.


Even in response to the FIR whether A is ready to complete the transection with B , if  not it shows guilt on the part of A.

 
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advocate/legal consultant

please give the original complaint or else go through the complaint once,whether the ingredients of the offences are made out in the complaint.when the complaint consiist of the ingredients as mentioned in IPC,the complaint is maintainable.

 
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Advocate

A should immediately file a suit against B for specific performance of the contract. It was the duty of B to pay the balance amount to A and to get the sale completed.It will show that A is still ready to perform his part of the contract.The FIR is bound to fail later on but do as suggested to create your defence.You may take recourse of anticipatory bail or of sec.482 cr.p.c. before the high court when cogoizance is taken
 
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Advocate

the agreement to pay was within two years, the term has now expired. B failed on his part to comply with the agreement so A is now not bound to the agreement. If  false police case has been lodged, the polic will investigate and come out with the true facts. In the meantime A should go in for Anticipatory bail. FIR is maintainable if it constitutes any offence.

 
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POWER OF DEFENSE IS IMMENSE

Well with due respect to the other opinions , A has to show records what he / she has done to persue to complete the deal. Was  B reminded and he did not respond.


Otherwise A can not escape under the timelimit excuse. It is clearly cheating and even if the police do not persue the case private case will stand and not only process will be issued againsty A but also he can be prosecuted apart from for specific performance by compansation and damages also.


It is my humble submission to my other advocate freinds while evaluating any opinion is that truth and facts are always defferent. Facts are door to truth and we have to find the truth  for justice.


In this case why A does not want to complete the transection. In absence of  clear and solid evidence of guilt on the part of B , the A  has to face criminal and civil prosecution.

 
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Advocate

sir,


in a criminal case the accused will not say a word and the prosecution has to prove it's case beyond all reasonable doubt.


Therefore B ( prosecution)  will have to prove that he had taken steps for payment of rest amount but A evaded it. 

 
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as far as my views are concerned A has to file a civil suit against B for specific performance of the contract B is bound to pay the amount to A.This will show that A is still ready to perform the contract you can go for anticipatery bail or section 482 of crpc before the high court before the cognizance taken of the case................................................ASHUTOSH SHUKLA

 
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Advocate

FIR is maintainable because there are allegation of non-bailable offencesa nd cognizable offences.
 
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