Judge says report is negative in 420,406,504,506 & 34 case
Abhimanyu
(Querist) 30 March 2015
This query is : Resolved
We deposited some money in a Co-operative Society (Private Bank) registered under Maharashtra Co-operative Societies Act.
When we deposited money it was in good financial condition but later after the maturity period when we asked for refund, the management/ directors has refused for payment & threatened us to harm us by filing some false cases / through goons...
Against this injustice we filed criminal complaint under IPC 420,406,409, 504,506 & 34. Judge ordered the police to investigate the matter under CrPC 202. Police recored the statements of opposite party & filed the Report mentioning that the Applicant (depositer) has been deceived & his money has not yet returned after his repeated requests by the Private Bank & the Bank directors.
Judge says that the report is against the Depositor (Applicant).
But when the Investigation report clearly says that the person has been decived & his money has not been returned till date how can the report is negative?
Please guide about the further stages as the case is still pending for litigants Lawyers argument & judge is very passive about the Issue of process.....What can be done in such scenario ?
Devajyoti Barman
(Expert) 30 March 2015
Go to high court and file writ petition against police inaction.
Rajendra K Goyal
(Expert) 30 March 2015
Whether the trial court has passed any order. If so go for appeal.
Abhimanyu
(Querist) 30 March 2015
Trial Court has not yet passed any order. The Case is pending for Argument from Litigant, after submission of Police Report under CrPC 202. Though the police report clearly mention that the Co-operative Society has cheated the litigant by not returning the money after the maturity period, the Judicial Magistrate still says that the report received under CrPC 202 is against the litigant and he is not issuing the Process under IPC 420,406,409,504,506 & 34.
Please reply urgent on this..............
Devajyoti Barman
(Expert) 30 March 2015
The order is revisable u/s 397 r/w 401 either in sessions court or in high court.
malipeddi jaggarao
(Expert) 31 March 2015
I agree with the advice of expert Shri Devajyoti Barman.
T. Kalaiselvan, Advocate
(Expert) 03 April 2015
Did the trial court pass its order in the petition filed u/s 202 cr.p.c.?, if the order is conforming to the police report and aggrieved by the order, you may prefer a revision against the order.
