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Sumit C (TL)     18 April 2012

False 420 case

Below are the case detail in which I was falsly accused for cheating:

During Aug 2004 to 6th Jan 2006 I was a partner in Construction firm. Niether firm nor my partnership in that firm was registered.

On 6th Jan 2006, I retired from this form as a partner and signed Partnership cancellation deed.

(During this time there was construction going on for a residential flat scheme and I was a registered power of attorny holder for the same along with 2 more partners.)

On 30th March 2006(after my retirement), my father wanted to purchase a flat in same scheme and he executed Registered Agreement to sale with remaining partners(builders) and mortgaged this flat to IDBI bank.

Now, instead of giving possesion of this flat to my father, builder sold this flat to some others person on 28th October 2006 and that person mortgaged the same property to ICICI Bank. 

When my father came to know about this cheating he asked builder for flat and builder being our relative promised to pay our amount back. My father stopped paying EMI for this flat and asked builder to pay the same.

Last year, after sad demise of my father builder stopped paying this EMI.

Now, IDBI bank tried to sieze the flat due to non-payment of loan but they noticed that someone else is owner of the property and initiated legal civil action against that person.

Current owner of the flat has filed a criminal complaint against the builders(including me on the basis of power of attorny and refusing to take back complaint against me due to some grudge).

Police has registered offences under IPC 420/34, 82 againt us.

Currently, I'm feeling that my name has been dragged unncessary in this case even when I was out of country during period of offence and have not signed any documents for the firm after my retirement.

Still, I got PCR for 4 days and currently out on MCR.

What can i do to get justice?

 

 



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     18 April 2012

Dear Mr.Sumit,

 

Criminal matters are not a joke. Nothing concrete can be said without perusing the case file in all details. Did you make the necessary public notices to Registrar/Newspaper publication at the time of your retirement. If no prima facie your liability continues for the acts of the firm. 

 

Feel free to talk!

Sumit C (TL)     18 April 2012

Yes, necessary public notice was given in newspapers back in Jan 2006 after cancellation, but it seems that nobody was keen to ackonwledge those notices on the grouds that my name was in the Power of attorny.

I even have submitted Deed of retirement in Police Station before FIR was lodged and sent one copy to complainant.

Anjuru Chandra Sekhar (Advocate )     23 April 2012

Your locus standi in the case is not only from the angle of being a partner of the firm but also from the angle of being legal heir of a defaulter of the bank.

Sumit C (TL)     29 April 2012

Ok..So now if I want to quash FIR against me, do I need make the complaitnant party in that petition and if he helps me in quashing, can file defamation suite against him?


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