I am a developer myself and i am contructing a building in Navimumbai . I have my business under partnership firm in which we are two partners each having 50% stake. In this case my partner had signed an mou with a guy for sale of flat and the consideration amount was 25Lakhs. In the said mou the purchaser made a payment of 6lakhs by rtgs to an account i am not aware of . Balance entire payment is made by cash . The said mou is signed by my partner and he is not in my touch at this time. i am not at all aware of this transaction being taking place nor i have receiving any payment in my or our firms bank account . I have already submitted my statement regarding this in local police station . Now , yesterday the police officer came to my office and took me along with him and i again recorded my statement there where i clearly mentioned that i am not aware of this matter and i have not received any payment by cash or my cheque in my personal or my companys account and i have already submitted my bank statement for the same. They showed me the copy of fir where the opponent had claimed the flat . Further the said flat was sold by us to a customer and we have received the consideration for the same too . He filed a complaint of cheating on us stating that we had committed the flat to him and sold to someone else. The police didnt even show me any arrest warrant but they continuously said that you have to stay here tonight and have we will present you in court tomorrow. Since i am a reputed builder here i settled the matter with them and committed them to pay the amount [ not in writing ] . I just want to know that whether arrest on such matter is possible , if yes than what are the documents they should have in order to arrest me . In case they have a warrant how can i secure myself without going in.
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1) in case any FIR is filed against you then you should apply for and obtain anticipatory bail from sessions court
2) offence under section 420 of IPC for cheating and dishonestly inducing delivery of property is non bailable and is punishable with imprisonment up to 7years
How much time does it take to get the anticipatory bail ? What is the procedure ? What are chances of getting bail in a single hearing ? does i need to get arrested before getting the bail?
1) court will consider report of IO while deciding AB application
2) you have to contact local lawyer and apply for AB in sessions court
3) it may take more than a single date to obtain AB
4) it is not necessary that you be arrested before getting bail
1. Police can very well arrest you without any warrant if it finds any prima facie evidence in support of the complaint of cheating filed against you and produce you before the Magistrate with in 24 hours from the time of your arrest.
2. You have not mentioned as to what your partner is saying in this regard. is it a false complaint filed by the complainant or he has really cheated the said person?
3. You can take the ground that fo entering in to a sale agreement both of you shall have to sign the agreement and there is no POA or letter of authority given by you in favour of your said partner for entering in to any sale agreement with and collect money from any prospective buyer for which he should be personally held responsible for the said fraud and neither you nor your firm should be implicated for his said personal misconduct.
4. If you have already authorised your partner to enter in to such sale agreement and collect money from the buyers then you and your firm also will be held liable for your partner's committing the said fraud.
5. However, avail anticipatory bail first and contest the case accordingly.
1. In Kolkata it shall have to be availed with in one month otherwise the AB petition shall have to be refiled.
2. After filing the AB petition it will come up for hearing and the Court will call for the CD (case diary) from the concerned police station.
3. If the IO sends the CD on the next date of haring and the PP does not object to our availing AB, you shall be allowed AB on the next date of hearing.
4. if the CD is not sent on the next date, your lawyer should pray for appearance of S.P on the next date f hearing and if such order is issued, the CD will certainly be produced before the Court on the next date of hearing.
5. You or your advocate shall have to develop good rapport with the PP and also the IO to ensure that thae CD is sent on the next date of hearing and also that the PP does not object to your getting the AB.
6. If you fail to get AB from the lower court, you should approach the higher courts including High Court for the said AB.
1. In these circumstances you should immediately apply for anticipatory bail as arrest can be made at anytime. No documents are required by cops to arrest you. The mere lodging of FIR is sufficient in practice to arrest the person named therein or who appears to have committed the offence.
2. Interim bail may be granted on the very first hearing. All depends on the FIR.
I just want to know that whether arrest on such matter is possible , if yes than what are the documents they should have in order to arrest me . In case they have a warrant how can i secure myself without going in.
The police would subsequently create all records to make the arrest legally valid.
As far as possible you agree to pay the amount for now and borrow time to settle the same, get out of the crisis somehow and afterwards apply for anticipatory bail.
Once enlarged on bail, youn may challenge the case based on merits in your side and also the evidences which are against the complainant.
The time taken for obtaining anticipatory bails shall be hardly four days.
You contact an advocate who will let you know the procedure
There are possibilities for getting bail on single hearing if your side documents and merits are convincing.
Anticipatory bail is obtained to avoid arrest