Legal Question in Criminal Law in India

i in developerb n builder constructing flats n one of client booked one flat with in 2006 april. he timely paid his dues and he is genuine law obidient person. after one year later he payd another instalment which is paid by him by cheque from his cuurent account of his business.and sgreement was excuted and registered with rgstn depart paying lawful n neccsuury charges . with few day we got balance full and final payment by bank loan of hsbc in single disbursement.this was durin sept 2007.in year 2010 feb we recved a notice from economics offence wing issued notice of EAR MARK THE PARTICULAR AMOUNTb throug client . saying that amount which is recved from clint is illlegal.however we recved entire consideration of the flat by cheque only. how ever client was in legal battle with same bank which issued home loans . in an export order client recvd cheque and bank clered with in 30 day whih is clear credit .it also issued firc certicate .after 75 day bank came to the clint told that cheque was bounced and you (client) repay imditly meanwhile clint is already exported 60%goods through proper channels .then after 2.5 year later bank filed fir against our clint saying that clint did forjerry .client went hicourt.and got bail .in the observation bail applicaton hi court clearly mentioned that

cheque recved though courier from foriegn country it cannot be aforgeryand evidence was also not produced .and also not return cheque which them claims as bounced nor it given to court in chargesheet which the y filed in lower court.it distroyed by the bank. client applied in hi court for quahing of fir and hi court granted astay on entire proceedings and kept for hear at next date. now my clint was approaching me and request that kindly hand over my property i have paid you all payment which is 100%legal and genuine actualyy we are to give position to clent at 2009 but quiet delayed by our side due to this tecnical problem we are denied and we told our cleint that you bring noc from eow and also relase our account from ear mark .in what way wecan help our genuine client .so that we can give rightful position of flats.meanwhile eow say we cannotgive noc once we filed charge sheet in court.we no more concerned.hi cort stayed the matter. court is not framed any charges due hicourt issued stay.kindly guide us how we can realy help a person who is genuine. stcuked in wrong doings others.

entire proceedings


Asked on 11/19/12, 4:38 am

2 Answer from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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Answered on 11/20/12, 3:02 am


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