Criminal case against lawyer for submitting false case
CHARAN SINGH
(Querist) 29 June 2014
This query is : Resolved
I gave Rs. 5 lacs through five account payee cheques as loan to Mr. X. He opened SB account in the same bank and got the cheque cleared on the same date and drew the money through bank draft in favour of G.D.A. for depositing instalments of his house. Mr. X issued cheque for repayment of the same account and the full particulars were written in the handwriting of Mr. X which was dishonoured on presentation. I submitted a case under N. I. Act and after that lawyer of Mr. X framed a false story stating that I was CA of Mr. X and total cheque book was handed over to me blank duly signed for issue of cheques to Government Departments for paying taxes and I stole a cheque and later on presented a false case against him. Whereas the bank statement/passbook of the account clearly depicting that the person borrowed money from me and withdrew the money through bank draft only. No government payment was made. In this case, lawyer got issued bailable warrant against me and I had to get this case stayed through Allahabad High Court. It can be proved through bank statement only that the story submitted by the lawyer was false. Whether a case against the lawyer as well as Mr. X can be filed for cheating the court and me?
The basis of allegation against lawyer is the following:-
1. Mr. X made complaint against me in the Institute of Chartered Accountants of India previously and in that complaint clearly states that he was pleased to get Rs. 1 lac on time he needed from me and he gave back a cheque in question to me for repayment. It was declared by Mr. X before filing of this fictitious complaint against me.
2. There are only five entries in the bank statement/passbook of Mr. X which clearly shows that Mr. X deposited cheque taken from me and withdrew the amount by getting demand draft in favour of Ghaziabad Development Authority. There is not even a single entry for making any payment to Govt. Departments. Moreover I was CA of company in which Mr. X was only a director and not his personal CA who is liable to make payments of his personal dues. It was the mind of the lawyer only who made a false story that being CA I was handed over blank signed cheque books and I stole a cheque. It is to be noted here that the cheque in question is fully signed and filled in the handwriting of Mr. X only. Mr. X himself wrote my name on the cheque in question as payee of the cheque in question.
Devajyoti Barman
(Expert) 30 June 2014
Sorry , no case lies against Lawyer of X though X may be liable for prosecution if you can prove that he has lied on oath.
Rajendra K Goyal
(Expert) 30 June 2014
No case against the lawyer can be filed.
Can file case against mr. X.
Biswanath Roy
(Expert) 30 June 2014
What is the basis of your allegation in the query that "...Lawyer of Mr. X framed a false story stating that I was CA of Mr. 'X' and total cheque book was handed over to me blank duly signed for issue of cheques to Government Department......." What kind of evidence you have to substantiate such allegation against the Advocate?Your reply may enable me to guide you legally.
ajay sethi
(Expert) 30 June 2014
answer queries raised by Mr Biswanath Roy
Sunil S Nair
(Expert) 30 June 2014
As your query stats that only bank statement can prove the allegation then why not do the same
T. Kalaiselvan, Advocate
(Expert) 01 July 2014
You may answer the queries raised by expert and senior advocate Mr. Biswanath Roy sir if you are really interested to get proper opinion to your query.
Biswanath Roy
(Expert) 02 July 2014
In my views Judges, Magistrates and Lawyers can be sued for commission of offense but proper direct evidences are to be needed. In my practice life I sued a Judge of the District Court and Additional Metropolitan Magistrate and at present handling a case against mid senior Advocate for violation of the law of the country.
