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Babu A K   07 April 2022

False complaint

My colleague caused loss of money by forcing me to invest in 2 Lakhs EMI plan in trading company. Initially i did not accept. So he told me that he will share (not lend) one lakh from his side for investment. Then I invested 2 Lakhs (1L from my me and 1 L from his side). He has transferred 1 L to my account from which a total of 2 L was transferred to Trading company.  When we realised we lost money as the company is closed, my colleague who made to involve in all this and lost my money filed a complaint against me with police stating that i borrowed 1 L from him and not returning to him. Police called me today and asked to come station. I feel it is totally unfair. In the name of friendship he made me to invest one lakh and caused loss of my hardly earned money and now he has changed for money and doing unethical activity. Kindly advise me what should I do as there is evidence that he has transferred 1 L to my account. 

 



Learning

 3 Replies

P. Venu (Advocate)     07 April 2022

Dispute, if at all any, is of civil nature. In the absence of criminal aspects, the police have no locus standi to interfere in the matter.

1 Like

Babu A K   08 April 2022

Thank you Sir

Palak batra   09 April 2022

Dear Querist,

 

If the complaint or FIR is a false one. The person can seek help under sec.482 of crpc. Guidelines to quash fir under this section were laid down in the case of State of Haryana and Ors. v. Bhajan Lal and Ors. 

 

One can also go for filing a writ petition under art.226 against a false fir. 

 

The remedies that a person could get after lodging a false fir are -

Compensation for accusation without reasonable cause which is laid down under sec. 250(1) crpc. Or file a civil suit for defamation against that person under sec.19 of cpc. 

 

Regards,

Palak


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