ATM MISUSE

Even whaen Rajest tried to tell the whole matter to ayushs father, aysh stoppedhim and told him that his father will not complain at all.Anyways, if ayushs father complain, then what will be the remedy?please reply soon.

Intentions of Ayush were not good, he knew that he is doing is something very wrong, that is why he used Rajesh so that in case of trouble he stays clean. Keep the receipt proof in a secure place, handover the photocopy to his father(or just tell him to have a look at the account statement of his son)to clear the matter before he creates problem. Let the father and son deal with each other. Keep distance of a mile from such children who steal the money of parents. Never ever in future get into such traps on behalf of others. This was a minor trap in comparison to other very dangerous traps people can put others into.

If your frnd Rajesh wants to avoid any problem let him say the true facts to aysuh father.  It is the better way to aovid any legal problems.  Even Rajesh can say everything to his father so his father can approach ayush father.

But in case of police complains what should he do then?means in case of police complain is there any way out with the receipt proofs and all?please reply.will police trust him?please reply.

Adv. Rajoo has given very mature and correct opinion. It is always better to avoid the creation of problems, rather than dealing with them after the creation of problems. In case of police complain also he will have to convince the police, in addition to convincing the father of Ayush of his innocence. It will be become much more difficult and costly to convince the police than the father of Ayush. Since police is usually corrupt they may try to extract maximum money and other forms of harassment/torture to Rajesh once they get a complaint. At that point he may also have to pay and avail the services of a criminal lawyer to help him out.

From your query, I can see that nothing wrong has been done as of now. Pls avoid asking us questions before nothing happens.

@Mr. Rao: sorry for that.I will remember it in future.Actually i was just trying to help my friend Rajesh. So asking foor solution.Any inconvenience caused to u by this is highly regretted.

@Adv. Rajoo & Mr. democratic indian: thanks for ur kind replies.

In case of rajseh shows police the receipt proof of depositing the exact amount(the exact same money withdrawn from his fathers account) of money in ayushs account within a few days of that misuse took place, then is there any way out?i know that police will harass him, but after this proof, is there any chance of rajesh getting out of this? by the way i told him to tell everythn to his father and ayushs father too.

ayush dont have any source to deposit that much money by his own.So is there any chance of rajesh can convince the police and the authorised personnel?

It all depends on the "kind of investigation" police do, evidences they collect for the case. Police does not "decide" anything in the case. They file a case with court, it is for the court to decide and give judgment. It is also a fact that Rajesh has also played a part in the transaction for withdrawing money(either knowingly or unknowingly). Police by their very nature "suspect" everyone. It appears from your question that probably you have no or very little practical experience in dealing with the behavior/mind of police and the problems they can create.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09960223100, 09271971251,

e.mail.advocatesawantnb@yahoo.com

e.mail.nandkumarbs@sify.com

KINDLY NOTE THAT.

1.ATM CARD WAS USED BY MR.RAJESH ON THE INSTRUCTION OF HIS FRIEND WHO HAS GIVEN THE ATM. CODE NUMBER WHICH WAS OF HIS FATHER.

2.KINDLY NOTE THAT AS ATM CARD WAS WITH THE SAID PERSON AND NO COMPLAINT WAS FILED ABOUT LOSS OF THE SAME BY THE FATHER OF SAID PERSON. EVEN IF ANY POLICE COMPLAINT IS FILED REGARDING UNAUTHORISED WIDRAWAL THE POLICE WILL INVESTIGATE THE MATTER.

3.IT IS ADVISIBLE THAT UNLESS ANY SPECIFIC MENTION OF NAME OF MR RAJESH IS THERE IN THE F.I.R. HE SHOULD NOT APPROACH POLICE ORELSE THEY WILL TRAP HIM AND HARASS HIM UNNECESSARILY.

4.AS A PRECAUTION MR RAJESH SHOULD KEEP SURETY DOCUMENTS OR CASH SECURITY AMOUNT READY IN CASE ANY COMPLAINT IS FILED AGAINST HIM.IN THAT CASE HE CAN APPLY FOR ANTICIPATORY BAIL TO THE SESSIONS COURT AND FURNISH SURETY AS PER THE ORDER OF THE COURT.

5 KINDLY NOTE THAT IT WILL NOT BE THAT EASY TO INVOLVE YOUR FRIEND IN THE CASE WITHOUT ANY PROPER EVIDENCE.

6 EVEN IF HE IS INVOLVED HE CAN FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE FALSE COMPLAINT AGAINST HIM ON THE BASIS OF ALL DOCUMENTS MENTIONEN BY YOU IN YOUR QUERRY.

YOU MAY WRITE OR CALL OR SEND DETAILS FOR ANY FURTHER HELP.GOOD LUCK.

YOURS SINCERELY

NANDKUMAR B.SAWANT.ADVOCATE

@Mr. sawant & democratic Indian: Thanks for ur kind replies. I appreciate it.