Cheating case 34,420,193,406, 466
VIVEK
(Querist) 24 October 2013
This query is : Resolved
Dear Sir, I am an NRI for the past 18 years born and settled in Bangalore since 1965. I have been married for the past 12 years and have a daughter and all of us are living in kuwait since then. An aged woman who was working in my flat in Kuwait during 1999 as a house maid had induced me to buy a property in Kerala during her vacation.I had entered into an initial agreement with the seller in 3 days and left to Kuwait immediately after entrusting the registration of property in my name after the seller receives complete amount from my personal bank account in 3 months. I made all payments to the seller in 3 months from my bank account. However, the aged woman registerd the property in my name and as well hers claiming to be my wife in the January 18,2000. Then she escaped to Kuwait and was in hiding for 12 years with all the documents in her possession. All my efforts to trace her and property went in vain as I did not posess any documents except the bank statement of cheque transfer. I am paying the price for carrying out a land deal in such a hurry. It was crimianl breach of trust on the part of the aged woman. Meantime she rented the house and the land during the last 12 years. She is orignally a resident of Tamil Nadu and her husband is currently alive and we have obtained her family card and given as proof of manipulation to the court. As I could not locate her as well as the relevant documents during last 12 years I could not register any compaint with the authorities. Meantime, in 2007 she obtained my death certificate(a copy is obtained from the Panchayat under RTI act as the neigbour tipped me of such criminal act and given to Magistarte during the first hearing) when I traced the property in June 2012. Please note that she had obtained a forged Marriage certificate as well to authentcate the property ownership. When I traced her through some connections in Kuwait she returned to India and filed a domestic violence case and took a restraing order which is being heard in JFMC court in changancherry and she did not attend any 6 hearings in the last 6 months. I have given GPA to my brother to reprsent me. The Magistrate is just postpoing the hearing. How long can he postpone it despite producing enough proof a false case and my lethargic advocate did not advise us to file an appeal in the sessions court within 30 days. We filed a an appeal after 6 months and is due for hearing in the sessions court on Sept 30,2013. he postpone it to January 2014. Kindly advice us the maximum time limit for the Magistarte to give a final verdict as the women is not attending any hearing. The is a classic case of cheating and manipulation. A criminal suit(cheating case 34,193,406,420,466) has been filed in March 2013 before the same JFMC against the old woman and her daughter and son-in-law who all deeply involved in this criminal conspiracy to usurp my property. The JFMC have ordered an invsetgation by forwarding the case to the Local Police and an FIR is registerd in March 2013. However, Police have not made any effective investigation due to politcal influence as one of local Panchayth leader is involved in the issuing the death certificate. The Lady was arrested on 26/9/2013 as her AB was rejected by the Sessions court. However she was released on bail on 29/9/2013. The son-in-law and daughter got regular bail and all the three accused are adviced to report to the police station once a week. Meantime, we have filed a review petition before JMFC about the false DV case. The next hearing on the false DV case is scheduled on 15/10/2013. The Magistrate was on holiday on that that day and the next hearing has been postponed to januray 15,2014. It will be the 8th hearing and the petioner lady has vanished(niot attended any hearing) after clandestinely obtaining the resident order. The resident order was obtained on a so called prima facie evidence which is a bogus Ration Card and a forged marriage certificate. During the previous hearing on 30th Sept, 2013 we had given evidences obtained under RTI to prove that the supporting documents filed by the petitioner with DV affidavit is forged. Serious observations were made by the sessions court against the accused while rejecting the AB bail of all the three accused. The same magistrate who gave ex-parte resident order has given the regular bail to all the accused. Despite all these evidences the magistarte has adjourned the hearing 7 times and it will the 8th hearing after one year since filing the DV case on 23rd January 2013. I am unable to take possession of the property even after one year since filing the false case. Any advice please. The Police have promised us that they will file a charge sheet with respect to our criminal case within next two weeks. Meantime, the old lady procured two passports. One in 2002 from Tirunelveli (Tamil Nadu) and travelled to Kuwait on a house maid visa. After arriving in Kuwait she ranway from the agency and retuned to India in 2007 using an exit pass(in lieu of passport) during amnesty period. This passport contains her original address and her husband name in Tamil Nadu. Then in 2007 she obtained another passport from Kerala with my property address and travelled to kuwait on a house maid visa until her final return to India on 18/1/2013. She currently holds that passport. I tried to file an RTI request seeking details of her passport in Tamil Nadu but they rejected as they are not supposed to divulge private info. obtaining two passports with different details adress and different husband names is a crime. However, in the absence of such info i can not proceed with another forgery case. Kindly advice. Another Querry, As the accused lady being old and suffering from some ailments, if she dies during the trial stage of this cheating / forgery case, does it affect the petitioner in any way in terms of property sharing, if the accused old lady's legal heirs Daughter, son, son-in-law and grandson file a suit to claim a share in the property. Please note that We have provided all the solid proofs of financial transaction took place between the actual buyer(petitioner) and the seller. Advice please. Thanx
R.K Nanda
(Expert) 24 October 2013
query too long to reply.
VIVEK
(Querist) 24 October 2013
Querry 1: The old lady procured two passports. Obtained two passports with different details adress and different husband names. However, in the absence of RTI info i can not proceed with another forgery case. Kindly advice.
Querry 3, As the accused lady being old and suffering from some ailments, if she dies during the trial stage of this cheating / forgery case, does it affect the petitioner in any way in terms of property sharing, if the accused old lady's legal heirs Daughter, son, son-in-law and grandson file a suit to claim a share in the property. Please note that We have provided all the solid proofs of financial transaction took place between the actual buyer(petitioner) and the seller. Advice please. Thanx
Devajyoti Barman
(Expert) 24 October 2013
1. You can lodge complaint with the passport authority anyway.The passport authority can initiate action for holding two passport.
2. The case would be abated against the accused person.
Rajendra K Goyal
(Expert) 24 October 2013
Repeated query:
http://www.lawyersclubindia.com/experts/Dv-interim-order-416076.asp
ABDUL RAZIQUE
(Expert) 24 October 2013
nothing more to add.
Agree with R.K.Goyal
VIVEK
(Querist) 13 January 2014
What is the time limit for the Magistrate to frame charges and send summons after receiving the Charge sheet from the IO of local police. In my crminal case, the police have sent the charge sheet on Nov 1,2013. Until now the CJMFC court hast not taken any action on the charge sheet.
Raj Kumar Makkad
(Expert) 18 January 2014
Trial court initiates upon such issues on the very next date of hearing unless there is urgency of work in other matters.
ABDUL RAZIQUE
(Expert) 19 January 2014
Advice your lawyer to plead & proceed the matter.
Advocate. Arunagiri
(Expert) 19 January 2014
Yes it is a repeated query.
The querist started in a different thread, but, in between he added this query. Even though he got his reply, for the best reasons known to him, he repeated the query.
Devajyoti Barman
(Expert) 23 January 2014
Sorry I DID NOT NOTICE REPETITION ELSE i WOULD NOT HAVE REPLIED.
Advocate. Arunagiri
(Expert) 23 January 2014
Mr.Barman,
No problem, it is not possible remember all the queries, for which we reply.
Some times we reply to a repeated query, academic query etc.
It clearly shows y/our intention to help the querist.
ajay sethi
(Expert) 23 January 2014
repeated query no reply
VIVEK
(Querist) 15 April 2014
In the Domestic Violence Case, the Hon. Sessions court has dismissed our appeal with an obervation that this case must be diposed off within 6 months from Jan 22nd,2014, whic is the order issued date. The Hon. Judge have also observed that the repsondent have contested the very claim of husband hence directed to verify the evidences. Meantime,the Magistrate was transferred and the new magistate has fixed the next hearing for Jun6th,2014. I want to know whether it is mandatory for the Magistrate to deliver the judgement by July 21st 2014.
Also we would like to take possesson of the land as soon as possible. Kindly suggest what kind of suit we can file in this regard.
ABDUL RAZIQUE
(Expert) 16 April 2014
Judgement is depend on the hearing, it may be pass that fix date or on next date.
file the suit " recovery of khas possession".
Devajyoti Barman
(Expert) 16 April 2014
Unlike order of High Court, such direction of expeditious trial by sessions court is not binding on magistrate. You can nevertheless try to prepone the date by filing an application.
VIVEK
(Querist) 08 September 2014
The current status is that the Dv Case has been dismissed with no reliefs to the old lady. The final order does not mention about the old Interim order reliefs given to the old lady such as Residential rights and a advice to the Sub-Registrar office preventing the respondent from alienating his rights over the property. Under these circumstances, should I apply specifically to the court cancelling the earlier interim order or does it by default the court will advice the concerned authorities. Please Advice.
Raj Kumar Makkad
(Expert) 08 September 2014
Final Order is only executable and interim orders have no existence after delievery of final judgment. Hence it shall be better to file a criminal revision in the given facts rather of agitating against the interim orders.
Raj Kumar Makkad
(Expert) 09 September 2014
4 months old query was attended by vivek hence was replied.
