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Sec 419, 420, 120B, 468, 471 second time


17-Apr-2023 (In Criminal Law)
Dear members, my sister works in my office as a trainee and without knowing the consequences, she signed 2 invoices on my name (I was out of Delhi, I did not ask her to sign on my behalf) and sent the invoices to client, who recognized that signature were not mine and filed a police complaint, police filed FIR U/S 419, 420, 468, 471, 120B. nWe talked to the client but being an international company they declined to compound saying they take these things very seriously. We went for plea bargain and my sister was left with a warning and 6 months probation, now the other client has filed the same complaint against us under the same sections. My sister is 25 years old and she had no idea, it will become such a big deal, she is a student, doing CA. Is there any way we can save her from going to jail, as this is the second FIR under same sections, compounding and plea bargain is not available. Both of the invoices were signed before her first conviction. What should we do? please help.
Answers (5)

Answer #1
646 votes
hello client as i can see your issue is really very much serious offences as well as serious crime as well in your issue we can help you out for sure but we need to go through your full documents of the case we can save your sister for getting jail or / conviction in this matter we can provide you the relief .
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Answer #2
803 votes
You can apply for anticipatory bail just in case you come across something nasty. And if the FIR has been registered then the police officials are duty bound to file the chargesheet. Try to convince the police not to include non-bailable sections in the chargesheet. For more legal assistance I am just a call away.
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Answer #3
922 votes
things have mentioned that the FIR has been lodged by your clients only the first thing we need to ascertain is that who have they made accused in the now if your sister has been made as an accused or your office has been made as the co - accused in the FIR. Since section 419, 420 IPC have been mentioned the prima facie transfer of money on the basis of the invoices has been done or not is to be established by the court. If not, these charges are already quashed. Remainder charges of forgery and cheating by personation can only be established after piercing the corporate veil/ identity of your office. Once doubt as to the prosecution story is raised before the court when there is no chance of conviction . I would advise you to take proper consultation with respect to the matter after perusing all the invoices as well as the documents you have as legal records.
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Answer #4
624 votes
The question is that were the invoices correct ?
If yes then why didn’t you make an SPA stating that you authorised your sister to sign them …
Or are the facts different bcoz 420 n 468 only come in picture when you have taken some advantage like wrongful gain or loss via these signs …! Anyways b in touch …!
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Answer #5
879 votes
Ignorance of law and consequences is not an excuse. your sister was sane and was major also so the presumption goes against her. Details are required to suggest remedy as per law second cases on same facts and circumstances cannot be filed once the first case on same facts and circumstances has already been disposed on merit.
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