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Annu (director)     23 August 2024

Fir -followed by closure-followed by protest petition-further investigation

Namaskar all esteemed members..

The gist of my query is as follows:

1)A person with whom we had close family relations repayed us Rs 20 lacs by three different cheques in span of 3 months in year 2012.

2)This payment was on account of money , goods, services and his 2 daughters marriage expenses he took from us from 2007-2012.As his financial position was weak.

3) However our relations sour as i refused to marry her daughter, instead i married other girl in relation to his family,annoyed this person lodged FIR in Nov 2013 claiming that the amount of 20 lacs were given as advance for purchase of a property.

4)He neither produced any document nor any witness, police submitted closure as Civil Matter.

5) Protest was filed by that person,  in 2021 further investigation was directed. But since past 3 years its pending.

6) We replied to sec 91 notice of IO and documented puchtacha patra by police. We were ensured that all formalities are complete from our side.

#As accused are we suppose to give any evidence to IO as to what services and money we lended? The complainant has not given any proof and is simply lingering on the matter.Actually no writing was done between us.

#what remedies if IO calls us again and again?



Learning

 2 Replies

VENKATA MOHANA RAO PATHAKOTA (PRACTICING ADVOCATE AT SUPREME COURT AND HIGH COURTS)     23 August 2024

You can approach High Court for Quashing of the said case.

 

You have a very good case.

 

Please reach out @8297877977

T. Kalaiselvan, Advocate (Advocate)     23 August 2024

You are not obliged to give any evidence even during police investigtion if the complainant has not produced any evidence before the police in support of his complaint.

You may remain silent after cooperating with the police during investigation and don't provoke the complainant for the inordinate delay because it was the complainant who approached court for relief, hence it becomes the duty of complainant to follow it up properly and not the duty of the accused.


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