Legal Question in Criminal Law in India

My business client filed an FIR under section 406/420 FOR recovery of amount deposited in my bank account over some dispute between us. I was abroad and the police obtained NBW as this is under investigation since I had moved out of my ex premises. Though he and IO talked to me overseas and I assured them to wait but they had already obtained NBW without my knowledge and now move the court for PO . The only evidence he produed is some emails between us . No cheques or agreements cited. How can I apply for quashing the NBW and subsequently the complaint. I was ready to pay back his money but he wanted more instead of paying my consulation where he cheated me for the work done for him Any remedies for me in this case?


Asked on 4/03/11, 1:09 am

4 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Yes , Engage a good lawyer . Take your anticipatory bail.

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Answered on 4/03/11, 1:15 am
Sanjay Kalra Sanjay Kalra & Associates

Your facts are confusing and i feel,you should not take this complaint of FIR lightly . Engage a good lawyer . Take your anticipatory bail.

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Answered on 4/03/11, 1:15 am
Vishwa Arya Arya & Co.

you may apply for cancellation of NBW and also for bail in absentia. You cannot be declared PO if charge sheet has not been filed. You have not mentioned whether it was a complaint case or f i r or 156(3). In each case, there is seperate procedure.

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Answered on 4/03/11, 10:34 am
Shrichand Nahar S.V.Nahar, Advocate

Consider approaching high court for quashing of FIR with consequential prayers like cancellation of NBW etc. and/or restraining police from take coercive steps like arrest.

Avoid making an application for anticipatory bail as during the course of anticipatory bail, court may order your presence and since you are abroad, it may create problems.

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Answered on 4/04/11, 1:46 am


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