In 2006, I filed a criminal breach of trust, section 406, against one of my own relative. I entrusted Rs 15+ lakh of money in the 90s. When I demanded this money back, the accused evaded.
The accused took anticipatory bail and filed a petition to quash my FIR. However, the High court returned a verdict in my favour by stating that amount was indeed entrusted to the accused by me and hence my section 406 FIR cannot be quashed.
Now the case is progressing in the district court. All the witness have their statements recorded in court. Now most of the cross examination is over.
In general, I have provided proof for
(a) Amount entrusted - The accused had already accepted that he recieved a sum of Rs 15+ Lakh. In the meanwhile, I have provided some proof for amount entrusted to the accused..
(b) Evidence supporting that the amount was entrustment: I have provided documents supporting the fact that the amount handed over to the accused will be returned back to me upon demand.
Here are my question:
(a) Can a lower court (in my case District court) overturn a verdict of the higher court (i.e., High Court) ?
(b) As the accused has already admitted to recieving the amount in High Court, can that be produced as a Valid Evidence in the Lower Court ?
(c) Since this is a criminal case, Is there any chance of me getting my money (along with interest) back at all ?
(d) If the accused is awarded a jail sentence, what are his other options available to do a Rathore type of escapade ?
TIA for all your help.
