Fraudulant criminal case pl help

At this stage whatever you re asking is premature... let the dust settle first.. you can file all the cases you want but as per my opinion it will not have force at this juncturet... also let other lawyers comment upon your query...

Dear Victim of Law abuse,

For the better appreciation of your case it is desired that you may clarify as to why no reciept was procured from the buyer if the drafts were given in the police presence or for that reason even police must have made some D D entry to this effect.

Secondly there is no limitation in filing and prosecuting criminal case as sought to be enquired by your good self, last but not least I concur with Anmol that it is a bit premature and once his cases are thrown out then you should nail him down for filing wrong and frivolous cases.

Best Regards

Daksh

hi, there is limitation in criminal cases too, bro..

Thank you for your responses.

Who knows how long it takes for this quash to go through Supreme Court and how long do I have to wait to file my petitions?

Where is the justice? The guy who is committing fraud is happily commiting crimes and I have to go through few years of stress in the court.

What should I answer to following questions im my case though the investigation has not commenced and no summons were issued :

1. Are you aware of any proceedings pending against you for an offence, including
proceedings by way of appeal or review?
2. Are any criminal proceedings pending against you in criminal court in India?

thanks for your help.

Whether you have engaged services of a lawyer or not is not clear. It is better if you put on board what ur lawyer says. Defamation case - civil for compensation and criminal can also be filed !

Hello Victim of Law Abuse, the buyer can not succed in the trial under section section 406 filed against you even if you dont returned the draft as it does not amount to misappropriation within the meaning of section 405 as it is only a breach of contract, similar case under section 406 and 420 IPC was quashed by the Punjab and Haryana High Court as reported in 2006 (2) Criminal Court Cases 974 (P&H). In your case you have returned the draft so  it will be better if you fight in the trial court and if you succed filed malicious prosecution againt the buyer for maliciously prosecuting you in criminal court: and also you could have  filed suit for specefic perfomance of contract. but you have returned the draft and you have not sell the property so fight in the trial court first for 406 IPC, I am sure you will be acquited. 

Trial for this case is starting end of this month after dragging for 4 years. It was a private complaint and we got summons.  Judge said there will be an inquiry. How will the inquiry happen? Will the prosecution examine and question the petitioner and all the witnesses specified in the complaint or just take their statements?

After cancelling the drafts and withdrawing money from bank,  buyer filed a private complaint in court stating that we are still holding with dishonest motive those drafts he paid us.

Is there a way we can let prosecution examine the bank before the charges are framed to speed up the process? I heard that court will not consider our evidence in the initial stages