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Raj Kumar (Self Employed)     11 September 2016

Trapped in tragic situation.

Reformating Question in earlier post:

Dear Sir,

Please suggest what one should do if he comes in this situation. Names are assumed for a story.

My friend Mahesh has purchased a room and partly paid Rs 15 Lakhs to room owner Sanjiv and was not able to pay the remaining amount of 7 Lakhs to the seller owner Sanjiv. Mahesh asked my help and requested a loan of for Rs 7 Lakhs to be returned in a month after selling the room once he gets possession.

I lent Mahesh Rs 7 lakhs and as assurance Mahesh got a sell agreement prepared by Sanjiv in my name as an assurnace of the payment of the money I had paid to him. Mahesh did not do any registration of this agreement and said it is temporary arranagement and once we get a buyer we shall directly transfer the room in buyer name from Sanjiv and this will save cost. Mahesh got possession of the room and later a buyer but Sanjiv got his money and was not traceable for registration in favor of the buyer.

So Mahesh got an alternate way and explained to me that if he gets NOC from Housing Board in my favor than I can register the room in buyers favor directly. So he got an NOC from Housing Board on some papers which looked genuine to me.

Now I appeared for registration in favor of new buyer.

2 year later I got to know that Mahesh has got NOC from housing board by submitting some forged papers by forging his signature. I asked Mahesh for explaination. Mahesh told as Sanjiv was not available, we have to do this helplessly.

Q -1 What I should do in these circumstances to save from the offences I have not committed. Now all transaction are made in my name and signature on some papers are forged.

Q -2 One lawyer suggested that I should first file civil case for cancellation revealing the fraud and then file an FIR against Mahesh.

Q - 3 He also said housing board will file an FIR against you but then you can get an Anticipatory Bail easily?

Q-3 Mahesh said as no one knows, why you are opening the pandora box. What will happen if the matter gets open. Should I get an AB  or immediate arrest

Q- 4  One person said that you will be not arrested immediately but a notice is served in 41D CrPC first as per new judgement of supreme court.

Dear experts, could you suggest me what I should do ???

I shall be highly obliged for your valuable suggestions.



Learning

 8 Replies

arpit shukla (,)     12 September 2016

Bhai, kutchh to baki chhoda hota !!! Wait for some time , update you .
1 Like

Sudhir Kumar, Advocate (Advocate)     12 September 2016

The person who finances property for those who are not creditworthy do suffer like you

Sudhir Kumar, Advocate (Advocate)     12 September 2016

The person who finances property for those who are not creditworthy do suffer like you

Sudhir Kumar, Advocate (Advocate)     12 September 2016

Q -1 What I should do in these circumstances to save from the offences I have not committed. Now all transaction are made in my name and signature on some papers are forged.

So records say you have committed forgary.

 

I am sure your pauper frinds has no money to refund you.

 

1 Like

Sudhir Kumar, Advocate (Advocate)     12 September 2016

Q -2 One lawyer suggested that I should first file civil case for cancellation revealing the fraud and then file an FIR against Mahesh.

What do you gain by filing civil suit on this pauper who did not have money to buy prperty and invited you to the trouble.

 

Sudhir Kumar, Advocate (Advocate)     12 September 2016

Q - 3 He also said housing board will file an FIR against you but then you can get an Anticipatory Bail easily?

without knowing the details of the documents and without seeing the documents it is difficul tto agree or disagree with the suggestion.

 

1 Like

Sudhir Kumar, Advocate (Advocate)     12 September 2016

Q-4 Mahesh said as no one knows, why you are opening the pandora box. What will happen if the matter gets open.

Should I get an AB or immediate arrest Q- 4 One person said that you will be not arrested immediately but a notice is served in 41D CrPC first as per new judgement of supreme court. Dear experts, could you suggest me what I should do ???

One has to see papers to deicide so

1 Like

Raj Kumar (Self Employed)     15 September 2016

Thanks sir,

Is there any way out ?


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