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Shyam (Business)     29 July 2012

Can judgement be made without reasonable proof?

Dear Sir,

Can U/S: 419/420/120B of I.P.C. be imposed on any individual and court issue arrest warrant and send him on imprisonment for a period without any proof ?

and can any police officer ask money for the expenses in conducting investigation for a report filed from  the individual ?

Thanks



Learning

 6 Replies

Shyam (Business)     31 July 2012

 

The details/fact is that 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 recieved 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 he filed an FIR in local police station against me & placed five unknown persons as witnesses of my recieving money from him but he has no written proof such as reciept and a court case U/S 419/420/120B of IPC.As a consequence of which police arrested me & the magistrate paased the order to keep me on 14 days remand custody & 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?
 
thanks.

Albert Shaw (Advocate)     01 August 2012

if you had just introduced him to the company and he dealt directly then you cannot be held responsible for it. 

1] try creating your defense if you can provide some proofs , that he dealt directly with the firm.

2] Just on the basis of witnesses, you cannot be convicted but you will have to fight the case deligently. 

3] you can produce your investment details with the same company as an secondary evidence of your non-involvement. 

Shyam (Business)     08 August 2012

 

The Company used to give points which through members e-wallet account could be transferred to the members bank account or could be made saleable amongst members. he had opted for bank transfer for the first month points but he did not receive in the bank account for quite time. thus for the second month on their request and I had purchased some of the purchasable points from him by giving an A/C Payee cheque of the same amount to make my own further investment in the Company .Can this be an approved proof that the investment was in actual made and not falsified ?

  Even they had blamed me that I am a Development Officer of the Company in the Police Station at the time of FIR but & I am not and he doesn’t have any proof. Can this also act as a proof against it? Inspite of this the police arrested me without any proof. Can police still arrest me and Magistrate put me behind bars for 14days and said to produce chargesheet? Is it justified? What is the remedy?

Shyam (Business)     12 August 2012

i also want to add that before such allegations were made on me I had filed a case against the above cheated & fraud  Companies. 

Thanks

Shyam (Business)     19 August 2012

Kindly help me with this matter

Thanks


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