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Dharmendrasinh Chauhan (proprieter)     11 July 2014

Need immediate help

Dear Sir / Madam ; I m subjected to IPC 306, 498(a), dowry prohibition code 3,7 & 114. Dear sir, up to now we were very much sure about our case because the story of the prosecution is completely based on lie whereas our story is based on facts. but sir now things have changed. sir, during the month of august-2012 and september-2012, one of brother in law ( my SAALA ) was staying abroad (UK). at that point of time, due to cancellation of his college there, he became illegal immigrant. he wanted to wind up all his business as soon as possible. so he had called me up and said that he will transfer money on my name from western union (uk) to western union ( ahmedabad ).so just simply i have followed his instruction, and took transferred money from UK. now, sir he has claimed that this is dowry that i have received from their end. i have received money that is truth but it is a lie that it was dowry. i have immediately given the money to our common relative. now, our common relative doesn't want to come in to the court. i have no option left. as i have said that just before this event i was sure about my case but now i am completely devastated. i have not taken a single dowry rupee. one thing is very important sir, that is, during the charge sheet/police investigation they have not put this nor the father of the deceased( complainer ) produced this document during his chief-examination. but now the mother of the deceased has produced this document, which is proclaimed as dowry, in her chief of examination. i really don't know what to do. please help me out. i am innocent. waiting for your kind & generous reply. Yours Sincerely, Dharmendrasinh chauhan.


Learning

 4 Replies


(Guest)

What is the date of FIR. Is it before 2012 september. Publish the evidence of you transferring the money to the common relative account. Ask your local lawyer to have the court issue summons to the common relative. Have the court issue orders to investigate about that amount, including the alleged phone call from him etc. The court will give time to counter the new document.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 July 2014

contact a lawyer personally with all documents.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 July 2014

" I have immediately given the money to our common relative" - Do you have these bank transactions with you?

 

Register an FIR against them with all truth so that police start investigation on this. Ask the police to look into the mobile call records and location of mobiles.

 

I request you to read each of my posts in the link bellow -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 July 2014

Devoid of details. What was the mode of transfer to the common relative? 

 

Also, as the case has now come to cross-examination, a question needs to be put to the witness to dispel the truth as to why such a vital information was not divulged to the police.

 

Also the transferee has to present himself to tell the circusmstances in which the money was transferred. As your BIL (sala) is an illegal immigrant, he won;t produce himself as a material witness. A gave money to B, unless A is examined it can not be proved why the money is given.

 

So, it is a matter of merits now.  Hope you have a good lawyer. There is no point in being disheartened at this stage.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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