ipc 420
Querist :
Anonymous
(Querist) 20 December 2009
This query is : Resolved
we are one of the largest project outsourcing company in India in IT/BPO sector for last 12 years from large cos in US/UK.
some of the centers who take the projects are not able to come upto the quality standards of the end client in USA/uk which leads to termination.
we are only facilitators and trainers for the project and the contracts are signed directly between the cnters and the end cleints.we take our professional fees as percentage of the project value.
some of the centers with mean intention and police contacts go to the station and file 420 cases . for such business matters can IPC 420 be filed and wht is the remedy for the same as police only do for money sake . attaching our agreement copy alsopls help SOS
Raj Kumar Makkad
(Expert) 20 December 2009
Your agreement do not contain any term which may be regarded as a fradulant act violating law of land but it is not the agreement rather it is the content of FIR which may constitute the offence alleged.
It shall be better, if you particularize any incident so that it may be viewed in conjunction with your agreement and opinion accordingly may be submitted. You should engage an experienced counsel in your separate legal department who may assess all these aspects and may approse you proper action.
IPC 420 may be implied if the contents of FIR match with it.
Devajyoti Barman
(Expert) 20 December 2009
If the FIR does not contain the necessary ingredients of sec 420 of IPC then you can move High Court u/s 482 of CrPC fo quashing the FIR or the Charge sheet.Otherwise you have to defend in the trial.
Guest
(Expert) 20 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING 420 I.P.C.KINDLY NOTE THAT.
1.IN CASE COMPLAINT IS ALREADY FILED AT POLICE STATION U/S 420 OF I.P.C.THEN YOU MAY APPLY FOR ANTICIPATORY BAIL AT DIST AND SESSIONS COURT MENTIONING THE CRIMINAL CASE NO.YOU WILL SUCCEED.BUT TILL ANTICIPATORY BAIL IS GRANTED BY DIST AND SEESSIONS COURT THE CONCERNED AUTHORISED SIGNATORY OR PERSONS AGAINST WHOM F.I.R.IS FILED SHOULD SHIFT FROM THEIR USUAL PLACE OF RESIDENCE TILL ANTICIPATORY BAIL IS GRANTED.ORELSE THERE ARE CHANCES OF ARREST BY POLICE.
2.THE PERSONS AGAINST WHOM F.I.R.IS FILED MAY FILE WRIT PETITION TO THE HIGH COURT HAVING JURISDICTION IN THE AREA UNDER SECTION 482 OF CRIMINAL PROCEDURE CODE AND HIGH COURT MAY QUASH THE FALSE COMPLAINT AGAINST THE PERSONS.
3.YOU MAY KEEP IN MIND THAT IN CASE OF CRIMINAL COURT MATTERS ONE SHOULD BE CONFIDENT AND SHOULD IMMEDIATELY RETALIATE BY FILING CROSS COMPLAINT AGAINST THE SAID OPPOSITE SIDE.
IN YOUR CASE YOU MAY FILE A CRIMINAL COMPLAINT AGAINST THE SAID OPPOSITE PARTY UNDER PROVISIONS OF SECTIONS 500,501 AND OTHER PROVISIONS FOR DEFAMATION AND YOU MAY ALSO FILE A CIVIL SUIT FOR DEFAMATION AND CLAIM COMPENSATION AND DAMAGES FROM THE OPPOSITE PARTY.
KINDLY NOTE THAT ATTACK IS BEST DEFENCE IN CRIMINAL COURT MATTERS.
IN CASE YOU NEED ANY FURTHER HELP KINDLY WRITE OR SEND DETAILS OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Ajay Bansal
(Expert) 21 December 2009
Section 420 I.P.C. is not attracted in this case.File a petition u/s 482 Cr.P.C. in High Court for quashment of F.I.R.
Querist :
Anonymous
(Querist) 21 December 2009
first of all let me thank this forum for a very prompt and useful info on mischief played by some cos on us, they sign the contract with us and when they are not able to come upto the cleints requirement they get terminated and whatever money they pay us they go to police station asking for a refund of the fees by filing under 420 , all transactions are by cheques only, no cash is taken at all and every aspect of the agreement is taken care by us in our scope of services, by giving money to the station they haress us by sending cops every day to our office and freeze our company accounts becoz high police officials are involved, can human right and lokyukta be also informed of this, we are fed up of this problem as we cant do our business peacefully , we are a public company going to hit IPO shortly so every aspect of SEBI requirement is taken care by us inspite of which police harressment does not stop, and the agony of getting anticipatory bail . can the bail be taken without FIR and also for all cases in advance ???? pls help
