Legal Question in Criminal Law in India
Legal remedy
Iam have small business in chennai . I had taken money of Rs.3lakh for my business purpose for three month and the local financer gave me cash of Rs.2.55lakh after deducting the 5% interest for 3month. I insisted for cheque or DD but the financer promised me of issuing form 15H. I did not sign any paper nor i gave any cheque for the same since i insisted on getting the form 15H,to complete the formalities.He did not turn up for one month and after one month he came and demanded Rs. one lak as first month payment i refused to pay though i showed him my bank statement having fund in the bank. He abused me and challenged that he will claim double the amount he paid. Then after one week local police came to my office and took me at 7pm and forcibly made my wife to part with jewels in midnight and they also took cheque for 3.90laks and said that the jewels they are valuing it for 3lakhs for 450grms of jewels then only he let me out and the IO had made an FIR and he filed in the court, though i was not arrested. i moved the HC for AB but my advocate is not successful till yet ? i have to do though the FIR is there whether they may take me to remand or they may proceed with the case as the opposite party are political influenced
3 Answers from Attorneys
Re: Legal remedy
You may better consider an amicable out of court settlement and avoid litigation/trial.
Re: Legal remedy
The answer is no to your question. However, I fail to understand if all these things happened you should have acted against the police officer. However, i suggest you to take opinion of a senior counsel.
Re: Legal remedy
Arrest and remand is possible in an offence which is non-bailable.
Fate of trial depends on several factors.
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