Hi friends.. I need an urgent advice on Sapurdari articles – CASE PROPERTY
My younger brother who had a partnership firm with his friend ended up in a dispute when his Friend also a partner sold the computers which were purchased under the firms name to a third party without the consent of my younger brother. Making the long story short now a case under 420/406 has been registered against his Partner (ACCUSED) after a thorough investigation and the case is on.
During the course my younger brother paid a surety bond and took the custody of the computers from the Police. At present the computers and accessories are placed in the rented shop (rent deed on both name) where they initially wanted to start the business.
As the case is on, the opposition is asking for the case property to be shown; but unfortunately the rented shop has been locked by the owner due to non payment of rents. My brother asked for a three months time from the magistrate so that he could collect some money and pay the rent so that he could bring the case property. As of now the accuser’s Lawyer is forcing to see the case property, and is not even ready to prosecute the witness. There are legal documents which can prove that the whole SAPURDARI Computer and Good belongs to my brother, there are witnesses who can prove the same; but the lawyer wants to see the case property, for which we agree but we need some time and just want that till the time at least the legal documents and witnesses should be given the right to record there statements
Now my question is –
Is it possible that we can continue the case hearing by recording the legal documents , witnesses statements, cross examination of the same before showing the case property ( a matter of 3 months time)?
If yes then do provide me an example, and if no then
Not showing a case property due to eligible reasons FOR A CERTAIN TIME FRAME will end the case?
OR
Can’t the Magistrate send someone so that we could take the authorized person to the rented shop and showcase the CASE PROPERTY? (The shop owner agrees to the above clause but does not agree in taking the computers out of the shop)
Before I end let me share that my brother has a lawyer who hardly says a word in front of the accused lawyer and only nods his head in a yes. Nothing against lawyers but I think he is as novice as my brother. i asked my brother that we can send a legal notice to the shop owner but he is not ready.
So please help
