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Shyam (Business)     25 January 2013

Can i appeal under section 482 cr.p.c and avail any benefit?

Dear Sir,

I, my wife, family and other persons invested some money in online investment companies named 'Unipay2U Mktng.Pvt.Ltd.' & 'Visarev LLC 'in lieu of good monthly returns. Some one friend also came to know of it and showed his interest to invest. I only introduced the guidelines to him & he invested by his sole & discrete decision in the Company. He requested me to help him with the procedures & I helped him in only investing the money with the money he gave me in good faith to be invested which I had duly done so and he too had received the documents from the company to an investor directly. He also received points from the Company as per the Company norms through sms until when unfortunately the Company closed down & misappropriated all our money & Im also a victim of the same.

 After that he had been constantly threatening me & demanding his money back from me. But the fact remains true that I had only been an “introducer” & i am myself a victim to it & I & my wife and all other investors have also been cheated & our money misappropriated by the Company.

 After that I’m filed an application U/S:156(3)Cr.P.C. registered as M.P.Case U/S:420/406/120(B)/506 of IPC and the said application was also forwarded to the Inspector-in-Charge  in local police station to be registered as a specific case and accordingly the I/C; P.S. registered the case against above cheated Companies & above friend.

 Unfortunately my friend come to know and received/granted anticipatory bail.

After that he filed an FIR in local police station against me & placed five unknown persons as witnesses of my receiving money from him but he has no written proof such as receipt and a court case U/S 419/420/120B of IPC.As a consequence of which police arrested me & the magistrate passed the order to keep me on 14 days remand custody & demand for submit the charge sheet.

 Can without any written proof but only on the basis of any unknown persons can police arrest & Magistrate give such punishment even though I had only introduced the business? is it justified?

 But i had been put to remand wrongly. I hadn't known about the provisions at that time, so is there any way i can ask for compensation for the injustice done to me?

Can I appeal under Section 482 Cr.P.C and avail any benefit?

Thanks



Learning

 5 Replies

Arvind Singh Chauhan (advocate)     25 January 2013

though I also have been the victim of Unipay, even being a lawyer. I invested small amount for the sake of my friend. I also adviced to my friend not to rely on Unipay, as having no SSL certificate for it's web site. I also got cash back in my bank account and incurred a little loss.

 

There is nothing illegal in the procedure adopted by magistrate. You can approach to HC on following grounds-with proofs.

1. You have no intention to cheat your friend, you were totally unaware of conduct of company.

2. Lay before court the conditions and policy offered by Unipay.

3. Lay before court the registration certificate of company and PAN card which was pubilcly displayed on the web site of Unipay. It means all was going on under the vigilance of state and reserve bank.

4. lay proof before court that You have forwarded the money invested by your friend to company.

3. lay proof that only after the investment received by company, unique ID was provided to your friend to opearate his account.

4. lay before court proof of cash back, with a request  to court to ask his bank details.

5. lay before court proof how you also have been cheated.

6. try to find out any high level inquiry on this scam, and put before court.

 

May god help you, if you didn't  earned huge commission intruducing so many people, who has spent lots of their hard earning,

Shyam (Business)     10 February 2013

Thank You

R Trivedi (advocate.dma@gmail.com)     14 February 2013

Did you get any benefit out of this ?

 

Did any of the communication to your freind mention your name as introducer ?

 

Did you sign any document as introducer  ?

 

Did the money transfer involve you officially at any stage ?

 

These MLMs kind of things are pain and even innocent people get trapped in double jeopardy, that is they loose there own money as well as loose the reputation in bringing more people unknowingly in the trap.

 

Since you had no intention to cheat anyone, which presupposes S.420, you have legally done nothing wrong. It is sad that you were sent to remand. You can approach HC under S.482 for quash of proceedings with details as suggested above by Arvind.

Shyam (Business)     14 February 2013

no,I did not do any of these .

 

Thank You

R Trivedi (advocate.dma@gmail.com)     15 February 2013

Since I do not have the full case information with me, but to me it appears an example of trial court, exceeding its limit and sending an otherwise innocent person to remand, without properly applying its mind on the information available in front of it.

 

Attempt it with lesser pains, that is send a letter addressed to Chief Justice of HC, respectfully pointing out to him the injustice done to you by the trial court, ask on what grounds you were sent to remand by trial court. Send him a very humble letter. Do not forget to mention that if the trial court sends an innocent person to jail without proper appreciation of facts available, should the judiciary not apologise to such aggrieved person ?


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