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Case filed u/s 406/420ipc what defense can we take in this case?


06-Jan-2023 (In Criminal Law)

I was working in a pvt company where one of my colleague asked me to provide a friends bank account number as he has to transfer his funds which he would be receive from his friend.I have done the same, but when i and my friend went to the bank to withdraw the money, we found that the amount has been deposited from the company i worked for. I have paid the money to my colleague and asked him 5000/- .now after a year, the company has traced out the transaction and filed a case on my colleagues, me & my friend. But a month earlier, my friend's bank account was hacked and he reported to the cops

Answers (3)

Answer #1
561 votes
The defence to be taken in the case depends on the complete proof we have to show the true events that followed after the money was deposited. You should consult a lawyer personally.
Answer #2
796 votes
The basic question here is whether any fraud was committed by your colleague against the company or not. If there is a fraud, then the account holder would be held accomplice in the crime, even though the amount is a meagre one. And they would be tried as per the law.
Answer #3
718 votes
At the onset I would like to make things very clear. My answer to your question would be very generic as many details from your side is missing
First of all I guess the company has registered an FIR . Once the FIR is registered if the offences are non bailable and all the three are likely to be arrested than you need to apply for anticipatory bail
Once the investigation starts the police is suppose to submit an report under section 173 crpc wherein the police might suggest for closure of the case or in the alternative the police might recommend the framing of charge against one or any two or all of you or any other person
At this stage there lot many remedies available in law
In any case what I feel is that at this stage you require anticipatory bail to be taken before police takes into custody

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