Legal Question in Criminal Law in India

Dear Sir,

Good Day,

I need legal advice.

My wife separated from me in October 2011 and got divorce in July 2013. I have one daughter which is in the custody of her real mother so far. We got some misunderstanding that my mother in law created in my wife mind that's resulted severely in the dissolution of marriage. Basically my in laws are/were extremely greedy family that can put themselves down in any situation (both morally and physically) for money and they have looted me from the start of my marriage till the end of divorce. I did not realize them in the start and gave money to them and fulfilled their demand a lot to keep my wedded life in peace and even to save my married life. But in the end when their demands were out of my reach I refused to give them money upon which they took divorce from family court. But before all this, my concern is that I got robbed in exact in front of my in laws on 1 January 2012 when I came to meet my wife at her home for two days from Dubai. The two persons snatched my wallet and mobile on gun point from me exact on the door of in laws. I was much confused and appeared the PS where my brother in law registered a police report (not FIR) by saying (he said al this on my behalf but he did not tell me any thing bcoz I was much confused at that moment) that we don't want to do any legal proceedings, just register a report and give a copy to us. After that he gave a copy to me and kept one copy with himself. My mistake is that I signed that application and report without reading that. After that, I came to know that there are severe of blunders in that report as he has not mentioned the articles snatched in robbery but mentioned few things in his favour. I went back to Dubai for my job right at the next day of robbery and things came to normal life.

But after 2 months, I came to know that 2 cheques were encashed from my account through HBL after 3 days of robbery. I was in Dubai so I could not do anything at that moment but I came back in October 2012 and went to bank and got copies of encashed cheques. I was amazed to see that the said cheques were encashed by my sister in law on his name. (These cheques were in my wallet that was snatched in robbery). I immediately informed the court mentioning the whole matter to the court and court ordered to register FIR under section 392. I nominated 3 persons from my in laws including my sister in law that encashed the cheques. Both cheques are having 35000 amount each a total of 70000 Rupees.

Now the problem is that my in laws are accepting that they encashed the cheques (bcoz they have not any other option to deny as their id card copy and signature are attached with cheques) but they are saying that I have given these cheques myself to my wife as maintenance. But the fact is that I have not given it to my wife and these are snatched during robbery. My weak point is that these cheques are not mentioned in police report earlier but I mentioned them in FIR. My in laws are saying that I gave them that's why I did not mention in police report but the fact is that police report was handled by my brother in law and I only signed that one without reading and I trusted them and he skipped this most important cheques in report. Now the IO is favouring them by saying that I have not mentioned these cheques in report so this means I gave them. I want to ask that if FIR is lodged and these cheques are mentioned in FIR, can IO investigate the matter only on previous report? Can he believe only verbal statement of my wife that I gave these cheques to her. She has not any evidence in her favour. I have so many evidences with me.

My wife has applied dissolution of marriage clearly stating that she want divorce on the basis of non maintenance and now she is saying that I gave her this money as maintenance?

my wife is saying that I gave her these two cheques while my sister in law has encashed these cheques on her name? there is no name and signature of my wife on cheques?

the hand writing is different on name and date folder and different in signature and amount filed folder.

Along with this I have some other circumstantial evidences also to prove that these cheques were snatched in robbery and this robbery is done my in laws.

The only advantage they are having is that cheques are not mentioned in police report. Is it enough evidence that court can release them.. IO is giving them favour and he has not arrested them even after 4 months of FIR is lodged.

I heard that in cases like these, cheques are strong evidences that are clearly showing itself that I have not given these cheques to my wife. If I will give my wife, I will give by his name but actually it was blank signed cheques which was filed by my sister in law and encashed through on line banking.

Is it not enough for court that I am giving a cheque to my wife and I am giving it on the name of my sister in law?

waiting for your response for legal advice. thanks

1 Answer from Attorneys

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