Legal Question in Criminal Law in India
Dear Sir
A friend of mine who is now in USA seeking my help in getting some legal advice. Well I m not a lawyer there fore writing you this. Let us say my friends name is X.. in the yr 2004 X's younger bro lets say Y who has started some business in Delhi, In the biz terms he had taken 2.5lacs as advance from some of his Clients on the promise that he ( Y) will supply materials worth 5 lacs. But in place of 5 lacs he supplied only goods worth 65000.00. Y was in great swoop and finding the situation he runaway. The client filed a FIR in Delhi P S mentioning Y along with X and his wife (y wife) and 1 another fellow. x fault was only that he just visited Y office to hel;p y wife who ws weeping like hell and seeking help ( the fact remains that both brothers X and y were not in touch wqith each other for last many years and x was not aware at all of y activities. X was involved only because he happened to b the bro of Y. X applied for anticipatory bail which he got in 2006 on the grounds that he was not involved in the deal and falsely implicated because he happen to b the bro of Y. APP also agreed for that. Now X retired and went to his own home in mumbai and after 3 yrs he was called by his kids to USA now he is in USA. Suddenly after 5 yrs Delhi police reached X home village and enquired abt X and Y but non of the village people could say about their where about. Y is still absconding and no trace of him. The condition of anticipatory bail was that he will furnish a personal bond of 10000.00 with a guaranter to the satisfaction of Investigating officer but since I O didnt asked rather said its ok no need of any such bond. another condition was that X will report to I O as and when required. but since last 6 yrs X didnt get any information till date. He got the info only when village ppl informed him about police enquiry. The situation in which X is there in usa not that easy to come to India.
Kindly advice what X should do.can some thing b done from there (Living in USA). X is noway involved in the case only because he is the bro of X.
3 Answers from Attorneys
The point of time for remedial measure may arise only when the trouble starts. Since at this stage he has not received any summons from police/court, he should stay cool.
It will be better if the matter is compromised by reaching an out of court settlement.
i agree with Adv Goel
Please inform under which sections is the FIR registered.
For clarifications feel free to contact the undersigned.
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