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Quashing CC in High court for false court direction FIR section 156(3)
02-Apr-2023 (In Criminal Law)
I worked in my friends company as admin/project manager. There was huge salary and incentive pending for four years. When asked the pending arrears he terminated me and I asked my pending through email he came to my home and gave a part payment cheque and I deposit it for collection but it returned as insufficient fund. He gave false complaint to police that I stole 3 cheques, misused 2 lac from his company. So CSR was filed by police and upon enquiry it was proved that he has given only one cheque and all other allegation in the complaint was false. CSR was closed as compromise affected. Now he approached court for FIR direction under section 156(3) surpassing the entire early complaint to police. The inspector also has hidden the CSR filed & closed by him early and filed FIR against me under section 294(B), 406, 420, 381&506(1). The case is now numbered as CC in the court and summon was served to me. Kindly let me know whether there is any way to quash my charge sheet in high Court.
Looks like, you've only been defending yourself and have not initiated any legal action of your own. I would suggest you better file a civil suit for recovery against him along with lodging a cross FIR against him. Quashing of FIR would get eventually stronger once you establish a cause of action in your favour in the first place. For more details as to how to proceed with it all, 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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yes it can be quashed..you have to file the petition for the same in the High Court. but that doesn't mean the case in the trial court will stop...you can simultaneously file the petition for quashing the FIR in the High court.
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Adv. Kanika Singh
Adv. Kanika Singh
Delhi | 50+ Answers
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hello client as i can see your issue is totally misleading case fillied by your boss / friend as well as well police officer who is helping your frind as well for filling fabulas chargesheet in the second case against you under 156 (3) in this matter we need to move to high court sure as well as we also need to move for defamation in high court as well as 340 proceesing also needs to be started by high court as you said ealier case was closed by police under compromise. so your case will be closed by higj court only by process of barrred ness under fumdamental rights process
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Adv. Vishwanath Pratap Singh
Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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Dear Client
In such a conspectus, it is advised that an Application under section 482 Cr.P.C.shall be moved to get the summons and the criminal complaint against you quashed. Further the cheques that have been given to you for part payment of your settlement. You should file a criminal complaint under section 138 of the NI Act.
These are the preliminary source of action which may be subject to amendment once the entire factual metrix is discussed.
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 first apply for anticipatory bail before session court and then to HIGH Court.
Simultaneously you should file Quashing petition u/s 482 CrPC before concerned High court.
You should procure all the communication with ex-employer and the settlement aggreement.
You should also file civil recovery suit for outstanding salary and a cheque bounce case, this will strengthen your defence.
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Adv. Ravi Panwar
Adv. Ravi Panwar
Delhi | 25+ Answers
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