Legal Question in Criminal Law in India

sir,

I have a overseas job consultant business in india but right now i have taken money from three people around 3.5lk and paid to my agent who is in delhi. now since last week his phone is switched off and after making several enquires i came to know that he fleed to singapore, to catch hold off him now i came to singapore, without informing those guys, now in my absence and as im not in touch, they filed a complaint in my nearest police station and came to my in-laws and my wife.. sir, please suggest me what to do how can i defend myself i want to come with their money but if i call them they are back behind me where i dont have answer to give. please suggest me


Asked on 8/29/15, 11:08 am

1 Answer from Attorneys

Vivek Mapara Vivek N. Mapara

First of all, do not panic. You should face these people and come clear, and explain them the situation. If you run away or do not reply them, then certainly inference would be that you are guilty. So start communication with them, by email or phone call, so atlest they know that you are in touch and you have not disappeared or fleed with their money. This will be a positive evidence to show that you did not had fradulent intention.

Second part is, regarding maintainability of this FIR. This FIR would be us/ 420 of the IPC , I believe. You can get this FIR quashed, on the ground of CIVIL Nature Dispute. However, FIR need to be seen at first. Normally failure to get a Visa or Work Permit would not presumed to be act of cheating, since to grant or not to grant is not within your domain . So you may get this fir quashed, however, if you have given any wrongful inducement that you will get this word done through internal sources or corrupt or some setting, then if you dont get this done, then it is case of cheating, for which you may have to face music.

However, this is all hypothetical , unless FIR is seen.

let me know should you requre any assistance.

Vivek N Mapara

vnmlaws.com

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Answered on 8/29/15, 1:01 pm


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