Legal Question in Criminal Law in India
Sir, I am badly in need of your legal advice.
I am a victim of intensely framed but strongly provable cases against me. I could narrate the cases follows :
a) I was looking after administrative affairs of a management institute. the institute was not approved by AICTE. The owners used to have different receipt books and adjustments of amounts in their accounts. The fee was collected by me and deposited into their bank account. since amount involved was bigger, they used to keep my cheques with them for the security. meanwhile the owner fell bed-ridden due to cancer and the regular return of the cheques stopped for months as none of the other officer was concerned to deal with me. the problem arose when he died of cancer n her family members took over the institute. since institute was not recognised, i was not in a comfortable position to compel the students to maintain strict deadlines for depositing the fee. many of them did not deposit their fee timely and dues went on increasing against the students. after the change in leadership, they were joined by many adviser, specially from the accounts dept. one day they called me to their head office and told me that i have taken lakhs of rupees from the students and have not deposited to their accounts. since they already had my blank cheques with them, they compelled me to fill in the outstanding amount in different cheques and also so compelled me to confess and give in writing that i was giving the cheques to pay the outstanding. meanwhile there was the time of session starting also and they heavily depended on me to get new admissions, so they did not do anything. once admissions were over they appointed their own men and threw me out without any notice. after that they started depositing the cheques which, as obvious, got bounced. now i am facing NIA 138 against all these cheques and have nothing to defend myself without having any share of amount with me. even i have acquired no property or vehicle or anything after joining the said institute. today i have no alternative to have shoulder my family responsibilities and that 'gang' of the instititue is asking for lakhs of rupees to pay as they have my cheques with them. KINDLY SUGGEST HOW I COULD DEFEND AND SAVE MY FAMILY from such clever players. i find myself helpless whereas the fact is, i am 'practically innocent'.
b) These people did not stop here. after some time, they lodged an FIR against me with all the possible criminal acts, completing labelling me as a fraudulent or criminal. leaving no stone unturned to let me live. However, when i came to know of this, i went to the concerned police station and narrated the situation clearly. they heard me. after a few months, i had to go to them again and sought bail fromt the court. i am on bail now for the last 3 years. so far i have never been absent on the hearing dates at the court. on the other hand, none of the party so far turned to the court to take this case further. none of the witnesses named in the FIR has turned up. As they are having my cheques with them, they seem least bothered about this case.
WHAT LEGAL DEFENSE IS LEFT FOR ME NOW as there are 2 case for the same thing. Can I get NIA 138 quashed due to the FIR where they have mentioned these cheques also or I could get some relief from HIgh court or there is no hope but to face the consequences? PLEASE HELP.
THANKS.
3 Answers from Attorneys
Defense can be findout only after going through all the relevant papers, however, it is advisable to contact good local lawyers of your jurisdiction. Regards
you need to get in touch with a lawyer in order to help yourself get out of this legal mess.
Too lengthy to discuss here. Consult your lawyer in person for proper advice.
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