Legal Question in Criminal Law in India

sir,we were having buisness with one company and have some matters regarding deals &other money related problems when our matter was not solved we make the stop paymants of their cheques given by us to them before this we have cleared their all cheques&makepayments in time without bouncing of any cheques for 4or5 years.they first negotiated us &said that you return their goods of amont exceeding our claim & they will return our cheques back to usthey told us verbally to do this. we return thier goods .in the meantime the time of filling 138 cases has gone.therefore insted of returning our cheques they filed 156(3) against us. which court has rejected and told them to go for 138 but time for filling 138 has been barred but insted of filing recovery suit to build pressure on us they file FIR under section 420,406,506. sir kindly informed us under which sections of ipc chargsheet can be challenged and how can once the court has rejected thier application under 156(3) they by hook and crook they can file FIR, are they ABOVE THE COURT


Asked on 10/19/12, 8:10 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

If I take your facts to be true, then the case of cheating is not made out. At the most it is a civil dispute. Rest can be suggested after going through relevant court orders.

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Answered on 10/19/12, 11:55 pm
Shrichand Nahar S.V.Nahar, Advocate

After filing of a charge sheet, initial order passed by court known as an order issuing process is challenged by approaching sessions court in revision U/s.397 Cr.P.C.

In some places, direct approach to high court U/s.482 Cr.P.C. is done.

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Answered on 10/20/12, 11:51 pm


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