• IPC 420,406,106

Hi,
I need a urgent piece of advise.
A case of ipc 420 was filed and and FIR had been registered against me, father and mother.
We had a property on the name of three of us. We had availed a housing loan and a business loan against the property. We had a offer for property dispose off at a price less than the loan amount. We asked one of our relative to mortgage the property for partial loan amount pending so that we can sale the property and ease our loan amount pending loan we will be able to pay in installments.
One of our relative said yes and based on that we did agreement with the buyer of the property. After the agreement our relative refused for the property mortgage due to their personal reasons. The money which was given by the buyer for agreement was deposited in the housing loan and pending amount was with him and the business loan is which almost half the amount is pending. Now we were not able to do the registration of property so the buyer lodged an FIR against us. We kept on trying to some how arrange money and do the registration but everything went against us. After a time of 1 year of property agreement the FIR was lodged because we were unable to do the registration but on the other hand keeping a positive side we gave possession to the buyer the 2nd month after agreement. We applied for AB in session court but it got rejected due to huge amount involved and charges seems to be fair.
We pleaded to the buyer that we have another property which is of lesser value can be given and pending money we will pay in installments but he refused. Second option we gave to let us settle the property with bank as the loan account has become NPA and we will return you your amount back. As the property value is more as per bank evaluaters but again he refused.
Now my question is what are chances of AB in high court because proper investigation has already happened at police station and we had already recorded our statements and why court want us to be arrested as we fairly want to dispose off the property but right now we dont have money.
Please guide what shall i do now.
Thanks in advance
Asked 7 years ago in Criminal Law
Religion: Sikh

2 answers received in 30 minutes.

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6 Answers

1) you file for AB in seessions court

2) if sessions court reject AB then file appeal before the HC

3) in your AB mention that you have already given possession to the buyerr that you had no intention to deceive the buyer that sale consideration received has been used in repayment of loan

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

if you dont get AB in HC file SLP before the SC

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

1) it is true that you ought to have dislcosed the facts to the buyer . there is intention to declve

2) since amount involved is huge and prima facie case of cheating was made out court declined your bail application

3) sell off your other property and repay bank loan

4) enter i nto settlment with the purchaser . then file for quashing in HC

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Now my question is what are chances of AB in high court because proper investigation has already happened at police station and we had already recorded our statements and why court want us to be arrested as we fairly want to dispose off the property but right now we dont have money.

If the investigation has been completed and the police have filed the charge sheet before court, you may apply for AB afresh once again.

At this stage whatever explanation you may give to any authority or even to the defacto complainant may fall in his deaf ears only hence you may have to concentrate on the bail application and the contents therein.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

What are the chances of AB in high court what to do if i dont get AB in high court

Generally after passage of considerable time, the high court may consider granting AB in such cases.

You may try for it by filing fresh application after a little more time.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

Now business loan is pending.

Why did the session rejected the bail application, was the amount too huge could be the reason or what.

Judge has written in the order that the loan against the property was not communicated to the buyer clearly before executing the sale agreement which makes it a conspiracy for cheating.

Since the sessions court dismissed the AB application only now, you may wait for another week or ten days for filing a fresh petition for AB before high court.

There are chances of getting enlarged on bail through high court.

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

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