Legal Question in Criminal Law in India

Complaint U/S 506 IPC

I filed a case under section 138 for bouncing of cheque against a lady & court has issued summons against her. In response to that the lady filed a case against me u/s 506 on totally fabricated story that I forcefully entered her house & tried to get her sign on blank papers & threatening her with death. She has even mentioned two witnesses, one is her husband & other is her brother-in law. Now what should I do. Should I apply for anticipatory bail or wait for court to issue summons to me. The lady is presurrising me to withdraw my case against her else she will level more serious allegations of ''crime against women'' & will ruin my life. I am under deep stress. Please guide how should I proceed.


Asked on 5/10/07, 12:34 pm

5 Answers from Attorneys

Re: Complaint U/S 506 IPC

If the case is complaint case then wait for notice and if it is FIR then get anticipatory bail.These days women are shrewed and cruk.You have to fight the false case filed by her.Take advise of a advocate of your vicinity.

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Answered on 5/10/07, 12:40 pm

Re: Complaint U/S 506 IPC

wait for summon.

you can report to police or file a case against lady about threatening.

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Answered on 5/12/07, 1:57 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Complaint U/S 506 IPC

Sever people believe that offence is the best defence. Same appears to be case with your opponent lady.

If the case filed against you is with police, you may consider opting for anticipatory bail. Further, since police entertained her and registered a case against you, indicates that your opponent is well connected.

Discuss the matter with your lawyer and decide.

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Answered on 5/11/07, 3:27 am
G. M. Gupta gmguptaandassociates

Re: Complaint U/S 506 IPC

if its complaint then it will take time in the process. check the court proceedings through someone.

and if it is an FIR then go for anticipatory bail

mentioning all these facts in a complaint sent it to SHO of ur area and commissioner of police and also mention in it that not only the case, she has already filed, is a false one but also she threaten you to take back ur case of cheque bounce or she will implicate you in so many more serious cases.

this will create ur upper hand in the matter

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Answered on 5/12/07, 10:15 am
Pratap Shanker Law Offices of Pratap Shanker

Re: Complaint U/S 506 IPC

Dear Sir,

This is to inform you that an offence under S. 506 is a bailable offence and therefore in such cases Anticipatory bail does not lie.

In my opinion, you are advised to wait till issuance and service of summons of the court upon you. The bail will be granted as and when you will appear in the court with your advocate.

Regards,

Pratap Shanker

Managing Partner,

Legal Consultus

Advocates & Solicitors

1009, Pragati Tower,

26, Rajendra Place,

New Delhi- 110 008

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Answered on 5/11/07, 12:05 pm


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