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Complainant died, tried to drag the accused in false case what to do
09-Jul-2023 (In Cheque Bounce Law)
Complainant died and case is in mumbai court but hearing hasn't started yet. Its a case of cheque bounce and these sections r against accused IPC 420 (Cheating), IPC 406, (criminal breach of trust) IPC 506 (Threatening). Cheque bounce amount is 12 lacs. Though not a single penny transferred in accused account and no legal agreement has been signed between complainant and accused. Complainant misused accused cheques and make a false case against him. Though its a case of 138 but everything is possible in India. No notice has been serve to accused before registered an F.I.R. regarding cheque bounce. Accused never been into court before but this case taught him life time lessons. Accused is an innocent gentleman and law abiding citizen. Now, Complainant died this year. He was a chain smoker, alcoholic etc Now, what u suggest to accused ? Help the accused to get rid of this case. How to close this case in court ?
It is suggested that the Accused can file quashing of the FIR before the Hon'ble High Court and get quashed the false, frivolous FIR on the very same ground mentioned by you in the query as there is no legal agreement and transaction between the Accused and complainant and also no legal liability why the complainant has given the such huge amount without legal agreement even no single penny has been deposited in his account.
Helpful?
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Adv. M.A. Rahman
Mumbai | 100+ Answers
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Sir,
In your case if the legal heirs of the deceased decideds to go ahead with the case. Even if they do they will have to run a trial which will be a long process and if you say you are innocent you can prove that in the trial via evidence and witness if need be. For the time being you can ask in the court till where your proceedings has reached. you may contact me or any other lawyer you feel comfortable with if you may desire.
In your case if the legal heirs of the deceased decideds to go ahead with the case. Even if they do they will have to run a trial which will be a long process and if you say you are innocent you can prove that in the trial via evidence and witness if need be. For the time being you can ask in the court till where your proceedings has reached. you may contact me or any other lawyer you feel comfortable with if you may desire.
Helpful?
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Adv. Saqib Gigani
Mumbai | 100+ Answers
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