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How to escape of CrPC 420 case
14-Jun-2023 (In Criminal Law)
Mrs 'A' has given money via bank transfer to Mr 'B' of around 40 Lakhs. They both are in good relationship. After few months 'B' got married. B Never told A to marry her. A file FIR against B for IPC 420/ 120B/ 376. The money transactions is correct but money has gone somewhere else i.e has been lost in gambling or trading. Now B have no capabilities to repay the amount to A. And one more thing B Never got physical with A. Now A is using their women empowerment in this case. B has got head injury before meets to A and also ongoing with psychiatric disability of depression. How to escape out of this case. Please give a legal advise or suggestions that how to overcome of this case. Presently Anticipatory bail applied to high court by B against issued warrant. B is central govt employee in defence. What should B has to do after bail.
since fir is lodged has the chargesheet been submitted in court and if applied for anticipatory bail he may get the bail after that the procedure of the court will take place as per the case will be going in the court or else you can apply for quashing of the fir...
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Adv. Priyanka Singh
Kolkata | 500+ Answers
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How do I withdraw my 420 case?
The best way to get rid of the FIR is by asking the high court. It may be possible for the FIR to be quashed if an out-of court settlement was reached with the complainant and the chargesheet has not been filed in a case involving section 420 IPC.
How do you defend a 420 case?
420 Section
To establish a case for cheating under Section 420 IPC, it is not sufficient to prove that a false statement was made; it must also be proven that the accused was aware that the statement was false and made it with the intention to deceive.
How do I settle my 420 case?
If you want to compound an offence, you should go with the complainant and ask the magistrate court concerned for permission. If you are granted permission, the court will absolve you of your offence even if it is only section 420. The only section that is raised to 420 and not any others, is sec.
How to win a 420 case?
It is necessary to prove the intention of cheating at the time the misrepresentation was made. This fact can be proven by the actions and omissions that the accused has taken since.
there has to be more than what meets the eye. since I'm not privy to the contents of the anticipatory bail application before the high court it won't be possible for me at this stage to comment on the merit of the case filed against B. in any case it would be important to first go through the complaint of A to see the exact allegation and understand the purport thereof.
it is advisable that since B is a defence employee he should at once meet a lawyer with all relevant papers and get some genuine advice on the best way forward.
after bail one can either get the FIR quashed or apply for discharge or face the trial depending on the facts of the case.
Tanmoy Chattopadhyay
M.Sc (Net), LL.B (Delhi)
Advocate
High Court, Calcutta
it is advisable that since B is a defence employee he should at once meet a lawyer with all relevant papers and get some genuine advice on the best way forward.
after bail one can either get the FIR quashed or apply for discharge or face the trial depending on the facts of the case.
Tanmoy Chattopadhyay
M.Sc (Net), LL.B (Delhi)
Advocate
High Court, Calcutta
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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