Need help with defending ipc 420

if you have enough proofs to prove  before the court that the allegations are fabricated then you can file for quashing u/s 482 cprc

Yes I understand that.

I need some references with which I can prepare my application.

Like some cases where courts have held that there was no dishonest inducement. Or no valuable security was created etc etc.

Most appreciate your help.

420 and 406 are measured differently in IPC.But both are compoundable.

Sir,

Essential ingrediant for the charge or discharge is the mens rea and actus rea be there or missing as the case may be. So far as the judgements are concerned they will be going to be helpful for you but the allegations, statements and other documents available on record will be more considered at the time of quashing of the FIR. Therefore share the chargesheet first and then seek any judgements . 

Warm Regards 

Kapil Chandna Adv 

9899011450

its been a while since i have been here,  kapil chandna adv, you seem very fimiliar, have we met each other ever? well, i dont blame you for not remembering me...but still a very fimilar face. mitesh joshi, 

my boss, Senior Advocate Mr. K.K.Manan (google him if you like) always tells his clients, "if you loose a civil case you can go back home, whereas if you loose a criminal case, you go to jail! this is your life, dont try to experiment on your own. once the case is ruined, no one will be able to help you. now, the answer to your question.

kapil is correct, but my view differs a little bit

482 crpc, should be exercised after you have exhuasted all your remedies in trial court, there is no hard and fast rule as such, there is no bar under 482 as such (other may not agree with this but as i said, its my view), so, you are correct in proceeding for discharge, but as kapil said " allegations, statements and other documents available on record will be considered at the time of  framing charge" court cannot appreciate new evidence, therefore, if you have seen the chargesheet, you will come to know if prima facie case is made out against you or not, if the case is so, your chances are dim.

indiankanoon.com has a number of judgement, just put in the section and start reading. plz, remember, you have one life, its not worth experimenting on. best of luck, take care.  

@ Mitesh: Don't try to put the cart before the horse. Judgments has to be on relevant aspects of the case and unless CS has been filed, you won't know what grounds exist for discharge or else. Pardon my saying so, I have seen people preparing for discharge at the stage of FIR and appeal when they are at the stage of framing of charges. Remain in current timezone.

@ Sainath: I don't think both are compoundable if the value exceeds 2000. May be you are talking about some state amendments.

Regards,

Shonee Kapoor

www.shoneekapoor.com