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ARVIND KUMAR (LAWYER)     06 July 2008

F.I.R.

(A) Sold computer to (B) under warranty. said computer not responding and without approaching to (A) under warranty period (B) got repair said computer from other engineer with in three months. and after lapse of one year (B) lodged F.I.R. against the (A) U/S 156(3) Cr.P.C. U/S 419, 420, 406, 504, 506 I.P.C. What is proper remedy to (A).



Learning

 11 Replies

Prakash Yedhula (Lawyer)     06 July 2008

A can file a petition under section 482 of Cr.P.C  to quash the FIR before the High Court

K.C.Suresh (Advocate)     07 July 2008

Dear Arvind, It is a beach of contract and no criminal liability can be fastened on A. B has already violated the agreement by entrusing the computor to a 3rd party for repair. For 419 and 420 there must be dishonest intention. There is no breach of trust in this case U/s 406. 504 and 506 is not clear from your description of events. however that may be a factual issue. This FIR can be quashed before the Hon. HC of your State under the inherent powers of HC u/s 482 Cr.P.C. Your case is a clear example of the Judicial immaturity in dealing S.156(3) Cr.P.C.

deepak kumar (Advocate)     07 July 2008

in a criminal case if the FIR discloses any offence it can not be quashed and it has to be investigated by the police and after completion of investigation the findings of police matters a lot.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     07 July 2008

Important point in criminal cases is that whether FIR is registered by the police. Normally in such cases police keep such cases as applications only.If so there is no problem since the party will have to file a private complaint before the Magistrate for issue of process.


If police has registered FIR , the party must have disclosed facts which are reasonable against the supplier of the computor. In such cases normaly police files the case against the offender. In such cases mostly the higher Courts do not interefere unless specific illegality which is materail is disclosed.


Here the facts which will go aginst A will be whether he has facilities to repair computers and what is past record. Normally computors do not get complaint in the initial years and the question will also arise the quality of materials used. An expert advocate will also ask for invoices of purchases of goods by A ; since most of the small time oprators buy goods from second hand or gray market.

arunprakaash.m. (advocate)     07 July 2008

You can plea a defence of breach of warranty on the part of the purchaser.

Pankaj Kundra (Advocate)     29 December 2008

Mr Shashi Kumar


Here the facts which will go aginst A will be whether he has facilities to repair computers and what is past record. Normally computors do not get complaint in the initial years and the question will also arise the quality of materials used. An expert advocate will also ask for invoices of purchases of goods by A ; since most of the small time oprators buy goods from second hand or gray market


 


Would only referrin g to the past records be enough ..B never approached A for the repairs... ; and regarding the fault in the computers the electronic devices can go wrong in a few hours ,talk about initial few days ; an where in the case is it mentioned that A was a small time operator .. i guess there are a lot of assumption there in your reply ..


 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     31 December 2008

Mr. Y. Parkash & Mr. K.C. Suresh are alright. I do agree with both of them.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     31 December 2008

Mr. Y. Parkash & Mr. K.C. Suresh are alright. I do agree with both of them.

Seethalakshmi (CEO)     24 February 2010

Dear Friends,

A false FIR filed against an employee of the private bank is registered u/s 406 & 420 with intentional / motive to put the person as the "scape goat" for the activities which he is not at all connected....

Person A has worked as a probationary Officer in a Pvt Bank for 19 months...Due to the bad working environment, He resigned after giving 3 months notice with liquidated damages which was accepted by the bankers and got relieved properly.

After 22 months of relieving, He is said to be bound with criminal case u/s 406 & 420 saying that He has done some intentional fraud and using others password and make a loss to the banker. In the mean time, He got anticipatory bail.

Now He is an employee of other Bank. Since he moved with Anticipatary bail, the previous employer damaged his name and loyalty in the present bank with out moving for charge sheet and all....

What to do with this situation? And also the present bankers advised to prove his innoscence....

Now his career is a big question mark and also he is not the big boss to spend a lot to lawyer...

Kindly guide my friend to quash FIR and to get favourable verdicts....

Thanks With Regards,

Law student 

Seethalakshmi (CEO)     24 February 2010

please give me the valid judgements / case studies for

 

" MERE FILING AN FIR IS NOT AN OFFENCE"

WITH REFERENCES

 

BY LAW STUDENT

deepak kumar (Advocate)     24 February 2010

for a more comprehensive study of your case and suitable reply please revert back with details of the case. if possible please give the specific case made in FIR.

what is your position with respect to the  contents of the FIR

regards


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