• How to get bail

There is a company named ITSPL which claims to work for government projects like SET etc. My husband has taken the franchise for the same and informed other friends also, so have also taken the franchisee. But at the time of billing, cheque given to the other franchises bounced. So they have filed FIR under section 420 against my husband and other directors of the company.
My husband is completely Innocent, only thing is he informed everyone regarding the benefits of company because he himself was unaware that the company is fraud.
Police has made case and presented him in court. From there he was kept in police remand for 2 days.
How can I make him clear of all this matter?
Asked 4 years ago in Criminal Law
Religion: Hindu

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12 Answers

First of all if he is in custody file bail application under Section 437 Crpc stating that your husband is a law abiding citizen and he has not committed offence.As stated by police. Also state that your husband has nothing to do with company.

If he's already on bail you have two options one is to file discharge application in jurisdiction court once chargesheet is filed.

Other is to approach high court under 482 Crpc to quash proceedings against your husband.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. Since he is a franchisee holder his capacity is that of an agent of the parent company and now if the cheque drawn by him on behalf if the company is dishnoured then he will be liable for its consequences.

2. Your husband though to get compensation can file case of cheating or suit for recovery of money against the parent company but he has no escape from facing the cheque bounce cases filed against im.

3. He has to face case of cheating also and in first step towards his defence he must get bail in the cases asap and defend himself which takes time

4. Taking agency of a company without verifying its credentials is often fraught with danger.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

it should be your husband case that he is not director of company not in charge of day to day management of company

2) that he was mere employee of company and was in no manner connected with fraud

3) apply for bail on next date

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

In such a case raise the same contention in your application and state that police have not produced any documents to prove that your husband was a partner or any agent of ITSPL. Also raise contention that he's not an agent appointed by ITSPL and since the offence is not punishable with imprisonment for life or death your husband be enlarged on bail.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

your husband was not authorised signatory of company

2) he has not signed the cheque issued by company

3) no case of cheating is made out against your husband

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

Dear Querist

after judicial Custody of your Husband, file bail petition before the Session Court Under section 439 of Cr.P.C. and he will get the bail with or without sureties.

No need to worry, the matter can be resolved and he gets bail as this is not a serious offence, it is only an economic offence, even the police have no evidence against him only the statement of the complainants he cannot get the conviction.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Hello,

Have you filed a bail application?

I would advise you to first obtain a bail and then file a writ in the High court for getting the FIR quashed.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Has the ITSPL been named in the FIR?

Please share the copy of the FIR for a concrete opinion.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. If the name of your husband is not reflecting anywhere on the company payrolls or in the ROC records then there is not much to worry about.

2. Your husband should easily get bail.

3. once he gets bail he can apply for quashing of the case from the high court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

First get him bailed out. You can then file quashing in HC if there are no merits in case. You can also opt for discharge after filing of chargesheet.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Since he has been remanded by police, you should immediately file an application for bail before the concerned judicial magistrate court.

Get him enlarged on bail first and then think about the plans to encounter the charges placed against him.

For the cheque bounce the affected parties should actually initiate cheque bounce case only and not this 420 case.

However this has to be properly challenged on its merits and documentary evidences during trial proceedings.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

The fact that your husband is nowhere involved in that company has to be proved by evidences in the court.

Actually your husband side evidence is very strong and he can get the FIR quashed on merits once he is enlarged on bail by filing a petition under section 482 cr..p.c. before high court.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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