Legal Question in Criminal Law in India

Cheating case
I am an investor dealing in shares. I have received a letter from the advocate of a broker that he is to receive an amount of rs. 4 lacs as per the share level from me. So he is about to file a cheating case in the criminal/civil jurisdiction of court for appropriate action. In this regard i would like to inform you that i have given cheques to the tune of Rs. 9 lacs on various dates to the broker to take delivery of shares. But till date, he has not given me any delivery. The debit amount as shown in his ledger reflects the speculative transactions which were done in my account by the broker. I have not signed any contract notes nor have placed any orders for doing the speculative transactions on phone also. No records exist. Hence, can i file a suit against him for recovering the amount due to me against the cheques issued. I would like to know that whether he can file a cheating case against me as per his advocate's letter and what precautionary measures can i take to defend myself and further claim my money. Do i have to take a bail if the matter goes to court?

Asked on 1/21/09, 10:28 pm

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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Re: Cheating case

our criminal law is so liberal that anyone can file any complaint or f.i.r against anyone. in case he does that, u just need to seek anticipatory bail and in case you file a recovery suit against him before hand, that would become a ground for you to procure the bail.

Answered on 1/21/09, 11:54 pm

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