Pls help find solution

Querist : Anonymous (Querist) 29 November 2011 This query is : Resolved
Respected Sir,

My husband is under judicial custody since 50 days the cases filed on him is 420 & 409 .This is actually a business transaction where he incurred a huge loss.Instead of makiing it a civil case the partys have made it a criminal case.The partys are higly influential & very financially sound.Using their infuence & money they are registering false cases one after the other against him just for harassment the police are also supporting them knowing that we are financially weak.Is there any kind of protection that we can get to avoid this kind of harassment? In one transaction he has admitted on a plain written piece of paper that he owes Mr A a sum of so much amount is that piece of paper valid? The other parties concerned dont have anything in writing what do i do now to get relief from this problem pls help me out i will be very greatfull thanking u & waiting for a reply from ur end at the earliest.

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ajay sethi (Expert) 29 November 2011
unless and until we know the detailed facts of case we cnanot say whether case for cheating etc is made out .

you can move the high court for quashing under section 482 as dispute is of civil nature

if there is no evidence against your husband he may ultimately win the case .

if document has been wirtten by him in his own handwriting whrein he ahs admitted his liability and he has not denied having written that letter it will go against him

Shonee Kapoor (Expert) 29 November 2011
When the case has been filed, it has to be seen from the prima-facie allegations whether the same can be quashed or not.

But the first effort should be to get bail for the accused.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 29 November 2011
What are the sections?
Custody for 50 days that too for a civil dispute is not understood.
Without further details of your case I am no position to advise further.

Rajeev Kumar (Expert) 29 November 2011
First get the bail and thereafter go for quashing if the case is prima facie not made out or any of the terms fixed by supreme court in Bhajan lal case is applicable on your case but the burden of proof of the term is upon you

Raj Kumar Makkad (Expert) 29 November 2011
It shall be better to put more details of your case here so that definite reply may be given.

M/s. Y-not legal services (Expert) 30 November 2011
just wait till get bail..

if your husband is genuine mean face the trial..

Sailesh Kumar Shah (Expert) 02 December 2011
So, get bail as advised by all experts. and come with relevant facts of case, after that you could be guided by experts accordingly.

Pls help find solution

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