How to handle and finish it
Gautam
(Querist) 10 April 2013
This query is : Resolved
i have got IPC 420, 468, 471, 120b (2010) it was fake visa case and under trial now. As im 27yrs old and want to start my life again, i havent done anything and just trying to survive but im not able to live my life as its a big tension for my family also marriage problms. Please suggest i would like to finish this case or any other solution to solve this issue out of my life.
Please help
Raj Kumar Makkad
(Expert) 10 April 2013
Make compromise with the complainant or effectively defend the case and get exonerated. There is no third solution to your problem.
Gautam
(Querist) 10 April 2013
Is there chances of compromise as im not sure. As the lawyers im talking to im not sure they are giving me correct information or not..
i dont mind changing the lawyer also..plz contact sweet.gomz@gmail.com
Devajyoti Barman
(Expert) 10 April 2013
Talk to the complainant personalty. If you are responsible in any manner in financial loss of the complainant then have talk with him and compensate to some extent.
This may lead him to change heart and dismiss the case.
This is the only easy remedy.
Else you have to wait for decade to see any result in the case,
Gautam
(Querist) 10 April 2013
I understand Mr. Barman but is it possible that i get conviction after dat also.. Coz i spoke with complainant and he is ready to do needful as he is also tired of it.
And my lawyer says that i will be guilty so judge can give you conviction. Now Neither im able to work coz every month i have to for date and can get good job now. My family also lose all hopes and not married yet..i stay alone now and want to solve it or othewise i dnt knw wat to do..
prabhakar singh
(Expert) 11 April 2013
Once you and your complainant comes to term,
all required is that prosecutor and your lawyer both coordinate to assist you two to arrive at that term for which prosecution witnesses must turn hostile.
It is very usual practice in court cases.
i do not know what your lawyer says and what you understand out of that.
Nadeem Qureshi
(Expert) 11 April 2013
Dear Gautam
I also agree with Mr. Burman
V R SHROFF
(Expert) 11 April 2013
You try compromise directly.
If u r innocent, he will pardon u for sum,
Devajyoti Barman
(Expert) 11 April 2013
If Complainant is ready then where is the question of conviction?
I could not understand what your lawyer has been saying in this context.
ajay sethi
(Expert) 11 April 2013
agree with experts
Gautam
(Querist) 11 April 2013
Thanks all of you for the responses.
well my lawyer says that the IPC 467, 468, 471 on these judge can give you conviction as there is document frogery. Also i would like to inform all of you. In my case there was one nigerian also indulge who was doing everything and got all the money. now he has ran away not cuming to court since last year. Im going to court regularly on my dates. Please suggest me sumthing so that i can take get out of it. And i spoke to my complainant. he is asking for money thats all. Even he knows that Nigerian was doing everything but he used me for all this and he agrees that. Now my situation is not that good that i can pay him so much of money as he is asking around 5 to 7 lacs but he never gave me that much money.
Raj Kumar Makkad
(Expert) 11 April 2013
You should not bow to illegal demand and should forcefully and effectively contest the case which shall not incur much amount and you shall maintain your self respect at all cost.
Gautam
(Querist) 11 April 2013
Thanks sir i really appreciate your response. Now could you please guide me exactly wat happens and how should i start the process also. if you can suggest me good lawyer in delhi with minimum charges.. Also my lawyer said that we have to go to high court to quash the FIR .. IS it expensive process and does it take long..
Devajyoti Barman
(Expert) 12 April 2013
Going for quashing does not seem to be a good option.
You better talk to the complainant and settle for lesser amount.
Else let the case proceed. The chances of conviction in criminal cases in India is always lesser.
Gautam
(Querist) 12 April 2013
ok, So MR, Barman is it possible that i do compromise with complainant and no need of quashing the FIR... Are they 2 different things. May be i dont know exact meaning for them. please suggest.What exactly it is. also my lawyer told me that you can compromise with complainant but what about the IPC 467, 468, 471 as my case is Me Vs State. he says that you can finish with complainant but with government also. (Frogery) IS it rite ?
Devajyoti Barman
(Expert) 12 April 2013
If the complainant agrees for compromise then on his testimony in trial court, the case would be dismissed.
Another option is, both of you go to high court and apply for mutual quashing.
Gautam
(Querist) 13 April 2013
Thanks, also would like to confirm as my lawyer told me that compromising is like im guilty and its a negative effect on my case and also coz of that judge can give the conviction. Is it true..? Please suggest
prabhakar singh
(Expert) 13 April 2013
You lawyer is handling your brief and not any of us who are speaking only on your information.
You must repose faith on your lawyer engaged conducting the case.
If there is something on record in form of documentary evidence which can prove offence
merely by proving that formally then simply complainant going hostile may not be of so much use.
Advocate Ravinder
(Expert) 19 April 2013
If you are innocent do not worry. After trial you will be acquitted but do not pay for huge illegal demands of complainant. If it is reasonable ok. By the above discussions, I understand that the problem is with your lawyer. He is not revealing the fact that the complainant can become hostile. Even though it is an offence against the state, the case can be diluted by the evidence of complainant. It seems your lawyer wants to drag on the matter long so that he can collect much fees from you keeping you in tense. My advise is to immediate change the lawyer.
Gautam
(Querist) 21 April 2013
Ya i understand Mr. RAvinder and i appreciate response..I feel the same some time and dont knw who to trust and who not. coz everybody wnts to make money out of all these..i understand that its the profession but still playing with this can ruin my life and also my families.. Plz suggest sumthing what should i do..thanks
