The balance sheet and profit and loss accounts submitted are the documents of public domain.

The shortage of cash is always taken as cash balance and reported as cash.

Please try to find the cash balance and bank balance on the 31st March 2013,14 and 15 and consider the CA report for the period he is reporting shortage of cash and how.

In case you find the CA is favouring the opposite party by providing the false certificate make him a party in the case and submit a cash flow account of the disputed period.

you should get AB in HC

2)rely upon audited balance sheet

3) then wait till investigations are completed charge sheet filed

4) then go for quashing in HC

You can file a Writ Petition for quashing of the complaint based on the available documents as you have mentioned there are no loss during the financial period as alleged by the complainant.

Defensively you can use the balance sheets you have got for your anticipatory bail as well.

file for quashing in HC

The 90 days count is not applicable to your case as you are not detained.

You have a better case as you have explained so just be patient.

Any scene of arrest?If it has not happened till date then you can apply for AB in High Court. In case of arrest if chargesheet has not been filed within 60 days of arrest then a person is liable for default bail as per recent pronouncement by Supreme Court. First let your Anticipatory Bail be decided by High Court thereafter, file quashing if it goes against.

there is high chance of ab in high court with income tax approved balance sheet. good luck.

hi, yes you should file for anticipatory bail in high court..it is advisable to engage a reputable lawyer ,,if you recieve anticipatory bail ,also file for quashing of FIR under 482crpc

1. The documents you haVe managed to obtain in ITR will help you immensely to get AB.

2. Since sessions court once rejected your bail ,this time file AB in high court and show this documents. This alone will crush their case of loss of 50L-60L.

3. In other words you have a very good case and hence do not waste time filing one in high court u/s 439 crpc.

4. After 90 days also the police cna submit charge sheet.

Good luck.

What is this, what u have typed.

Give clear details.

Your counsel should convince that the agency's accusations are counterblast to 138 case. And CA's records has to be challenged. Only based on CA's records, AB can't be denied. HC may grant you AB. Engage a competent lawyer who can go through the charge and present the case.

Respected sir...

You will surelly get AB only on the ground of lapses of filling 173 crpc report by police and this is a strong point where you will get bail no need to worry just apply as soon as possible on merits you will get anticipatory bail from High court ...There are number of facts in your case on which you are eligible to get AB

Thanku

Yes you have chance in Hon'ble HC for ABA show the evidence which you have and was not appreciated by Hon'ble sessions court.In your case the custody is not required and case is base d on documents. Also after ABA you can move for quashing in the HC u/s 482 of CRPC.

1. Since you have been able to secure the balance sheet which shows there was profit the prospects of your AB in the HC are bright.

2. First priority should be to secure the AB, and only thereafter file a petition for quashing of FIR.

Dear Sir

There are several factual aspects which need to be verified here before giving you legal opinion. Can you share the copy of FIR ?  As from the facts, it prima facie appears there is a Civil Dispute here and there is no cheating or breach of trust. Also, because the firm make profit or loss cannot form the basis of a Crime, unless there are misappropriations.  The FIR seems counter blast to your 138 NI Case and Civil Suit. So prima facie you seem to have a case here for quashing.

If you can share the Copy of FIR, then i could give you precise advise to your strategy further. I practice in Gujarat High Court and can assist you. Feel free to contact, should you have any questions.

Vivek N Mapara

You can apply for AB afresh before the high court and can produce the latest documentary evidence which may support your pleadings for granting AB.

You have chances to be enlarged on bail.

DATE IT IS ALMOST 98 DAYS PASSED TILL FIR LAUNCH AND 90 DAYS LIMIT OF FILING CHARGE SHEET IS ALSO LAPSED.

The delay in filing charge sheet may also be cited as a reason for their false allegation since the investigation agency has not found any information discriminative to depict the seriousness in the false allegations.

If 90 days have elapsed and no charge sheet has been filed then you canclaim AB from the High Court as a matter of right.

File a bail application before the HC with this ground of 90 days the other factual ground and therefore request the court to pass a favorable bail order.

Contact a good local lawyer who works in the criminal law.

Regards

once you have filed an Anticipatory bail in session court then 2nd bail in high court is not permissible in law, and if you are not in custody then filing of chargeshet doesnot matter, you can do one thing file a petition in High Court and obtain a bail disposal order in the light of apex court Judgement i.e lal kamlendra and Amravati in which you will be granted time to surrender and even you will not be sent to jail

Hi, using all these points and additional points you proceed to high court.