Rajesh (service) 28 May 2009
Hi All,
My brother's accounts has been utilised in transfering money from third party by his brother inlaw, my brother wothdran money and handed ove r to his brother inlow in cash, he has not taken any written proof, now the person ( his brother inlaw)who has asked third party to transfer money is absconding, now third party has Lodge an FIR with charges 420, 106 and 34 IPC and claiming for the money, please help me how to resolve this case.
B.N.Rajamohamed (advocate / commissioner of oaths) 29 May 2009
Answer me Whether there is any written direction from the third party for the transactions through your brother and his brother-in-law? If there is no written agreement between them then your brother cannot be prosecuted unless and untill you provide a good answer for the purpose of transfering the amount from the thrid parties account to your account. .
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691,09271971251
e.mail.adv.nbsawant@yahoo.co.in
REGARDING THE COMPLAINT UNDER SEC.420,106.34 OF I.P.C.KINDLY NOTE THAT
1.MOST URGENTLY FILE A CRIMINAL APPLICATION FOR ANTICIPATORY BAIL AT THE DIST AND SESSIONS COURT AND WRITE THE CR..NO. AND ENCLOSE THE COPY OF F.I.R. ALONG WITH THE APPLICATION.ALSO PRAY FOR INTERIUM ANTICIPATORY BAIL TILL FINALISATION OF MAIN BAIL APPLICATION.
2.ONCE YOU GET ANTICIPATORY BAIL FOR THE ACCUSED PERSONS IN F.I.R. YOU SHOULD NOT BE AFRAID OF ANYONE .YOU GET SUFFICIENT TIME TO DEFEND YUUR CASE.
3.KINDLY NOTE THAT IN ANY CRIMINAL CASE NEVER ADMIT ANY OFFENCE BECAUSE ONCE YOU ADMIT ANY OFFENCE HONESTLY THEN NEXT STAGE WILL BE PUNISHMENT MENTIONED IN THE SECTION OF I.P.C. WILL BE IMPOSED AND THE ACCUSED WILL BE SENT TO JAIL.
4.TOTAL DENIAL OF ALLIGATIONS IS BEST DEFENCE IN ANY CRIMINAL CASE. THEN YOU GET SUFFICIENT TIME TO DEFEND YOUR CASE.
5 KINDLY NOTE THAT THE ACCUSED PERSONS SHOULD STAY AT ANY OTHER ADDRESS OTHER THAN THEIR USUAL ADDRESS AS F.I.R. IS ALREADY FILED AND THERE ARE CHANCES OF ARREST. HENCE THE ACCUSED PERSON SHOULD BE CAREFUL TILL THE ANTICIPATORY BAIL APPLICATION IS ALLOWED.THEN AS PER DIRECTIONS OF THE HONOURABLE COURT ACCUSED SHOULD PRODUCE SURETY AND ALL OTHER BAIL DOCUMENTS. GENERALY SURETY SHOULD FURNISH 1.PHOTO OF SURETY AND ACCUSED 2ADDRESS PROFF OF SURETY AND ACCUSED. RATION CARD, DRIVING LICENCE, ELECTION ID CARD.3.OWENER SHIP DOCUMENTS OF PROPERTY OF SURETY INCLUDING CITY SURVEY EXTRACT OF HOUSE PROPERTY ,PLOT OWNED BY SURETY OR 7/12 EXTRACT OF LAND OWNED BY THE SURETY. THESE DOCUMENTS ARE TO BE PRODUCED IN POLICE STATION FOR SUBMITING SURETY AS PER ANTICIPATORY BAIL ORDER OF DIST AND SESSIONS COURT.
KINDLY NOTE THAT YOU HAVE TO BE TOUGH AND BE CONFIDENT.AS CRIME IS ALREADY REGISTERED THEN YOU HAVE TO DEFEND THE CASE .ONCE YOU HAVE ANTICIPATORY BAIL ORDER NO ONE CAN ARREST YOUR BROTHER AND OTHER ACCUSED. YOU CAN DEFEND THE COURT CASE CAREFULLY. I HAVE HANDLED SEVERAL SIMILAR CASES AND GOT ANTICIPATORY BAIL FOR ACCUSED FROM DIST AND SESSION COURT AND ALSO FROM HIGH COURT.
KINDLY SEND DETAILS IN CASE YOU NEED ANY FURTHER HELP.
WITH BEST REGARDS TO YOU AND YOUR FAMILY AND FRIENDS.
THANKING YOU
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
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