Dear Experts,
In Sept 2009, MR X was falsely charged in an FIR by his previous employer (Media group) U/S 420,408, 120/b 114, 467,468,471 etc.This was to take a revenge on MR X because he changed his current job and joined competitor (Media Group). Mr X tried for FIR Quashing (Later withdrawn), Anticipatory bail (Denied by HC). A defamation case is also registered in the fast track cour against the previous employers. Matter pending for trial. Finally after 3 months he was sent to Jail and got regular bail by HC. Meanwhile, the IPC's slapped on Mr X got removed by the police in the chargesheet and only two IPC's ie 408 & 420 were shown in the chargesheet.The amount of cheating is Rs 69,789/- in the chargesheet. Whereas it was mentioned Rs 1,82,000/- cheating in the FIR. The relative offece matter in FIR and Chargesheet also differs.
Now after four years..The trial has not yet begun, because the complainant ( Then Branch manager) does not attend the court regularly on the dates.He has shown off only twice in last four years.While the accused has regularly attended the court fearing warrant/notice by the lower court judge.
Advice needed on following point:
- Can Mr X get benefited out of this situation?
- Can he ask for discharge of the matter, to put it aside?
- Can he go to the HC for Chargesheet Quashing?
- Can he apply for permanent exemption from the court procedure?
- Can he send a plea in HC for day to day trial?
- Can the Lower court prejudice if asked for fast trial from HC?
- Can our respected experts, send valid advise with citations?
Facts;
Mr X has paid fees of Rs. 2.50 lacs to the lower court Advocates & Rs 5.00 lacs to H/C advocates till now. Surprisingly, the matter is of Rs 69,700/- only.
Sincere advise needed,Mr X has nearly lost faith in the judicary & the advocates ,since the matter has been prolonged unnecessarily. Awaiting your swift positive response.
