Legal Question in Criminal Law in India
unlawful agreement
A is the unqualified bidder .B accepted it against rules .cheque given by A for gtting the unlawful considration is returned by bank saying it as aforged one.can B file any criminal complaint against A
6 Answers from Attorneys
Re: unlawful agreement
No
Re: unlawful agreement
These facts may not be sufficient without examining the documents which were executed between the parties and without knowing "legal status" of the parties as you have said that bid was accepted "against rules" and that the cheque was for "unlawful consideration". The terms like "against rules" and "unlawful consideration" used by you may be ascertained only from the documents;.
For an informed opinion, you may like to explain which rules were violated and how the consideration was unlawful.
Re: unlawful agreement
Apart from the documentary evidence, it is quite obvious that both the acts such as acceptance of unqualified bid and subsequently issuance of forged cheque are illegal acts in which both are guilty. B can lodge criminal complaint against A but B has to face serious allegation in rebuttal. This amounts contributory act in which both have participated. Fate of both is not different.
Re: unlawful agreement
No. Unlawfull agreements are not enforceable. They are void.
Re: unlawful agreement
yes
Re: unlawful agreement
Yes.
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