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procedure to follow in complaint case declared sine die with FIR order
25-Mar-2023 (In Criminal Law)
As an education consultant, a client had approached for us for canada study . He paid us money through bank. We attanged for his admission, got him offer, did all regular procedure for overseas admission and even sent him to Embassy where he was refused twice as the Embassy was not satisfied about his intentions and doubted him to stay there only post studies. We incurred all the cost and paid fees eveywhere and even returned part payment . But he tried to recovel all money by making complaint under 200 and did not mention expenses paid but wanted all payments. The MM took one year and Police stated that there is no case for police as this was mutual arrangement.In spite of this, The MM did not care our side and closed case sine die by ordering POlice to investigate and register and arrest only if the police feels it is necessary . We feel vindicated about the whole process and want to safe ourselves and how to file counter case for false allegations against the complainant ..
hello client as i have read your query it seems to be a full fault of the person who is trying to go to abroad as you have done all the work on your your part and in interview the peraon hiself is not able to satiafy the embassy about his intension is clear or not about cominh back to india aftee studies in this matter as i feel you are vitim yourself . the other person is trying to blackmail you people been his agent . in this Matter we xan take legal steps to recover money what ever is trying to do as a matter of fraus ans for defamatiin he sholild be prosecutwd aa well.
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Adv. Vishwanath Pratap Singh
Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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The first step is to file an appeal with the Court of Additional Sessions Judge or approach the High Court to reverse the said order and quash the said proceedings. After that, you can take action against the present Complainant for filing false FIR and spoiling your reputation.
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Adv. Rohan Sharma
Adv. Rohan Sharma
Delhi | 200+ Answers
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Dear clinet
In such a conspectus, the magistrate must have ordered for investigation under section 202 or given orders for an FIR and police investigation. In any case, first you need to get the same quashed by the appellate court.
Feel free to get in touch to discuss further
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Adv. Abhinav Sharma
Adv. Abhinav Sharma
Delhi | 700+ Answers
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You should file a cross case against that client for malicious prosecution. This way not only you will open a door for you to prove your case but to safeguard yourself from further humiliation and unnecessary interrogation by police as it has ultimately got down in the hands of police. So, unless and until the police has a report to submit in a case filed by you in court they would look at you as a criminal only. Filing a case by you will put you right back in the driver's seat. You may consult me regarding this. Good luck!
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Adv. Puneet Srivastava
Adv. Puneet Srivastava
Delhi | 700+ Answers
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You cannot take money from anyone on the basis of getting visa, admissions, job etc, these types of agreements or contracts are invalid Ab initio ! MM did right thing because you didn’t follow the legalities in this regard ! All the best
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Adv. D. Khan
Adv. D. Khan
Delhi | 1000+ Answers
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