• Notice under section 160

There was company who has two director running a multi pyramid scheme to multiply the investment of the investor. But after sometime company wind up and directors ran away. But now after almost 2 years IO called me and asked me to meet him and also issued notice under section 160.Later on i met him in a public place and he said there nothing against me he just like that issued notice to me. He asked money and said if i dont give then he will issue more summons and notices to me. Later on i denied to give money as i have not earned anything but lost my hard earned money. Now after two months of this incident he again issue me a notice under section 41 a and summon me to the police station threaten me of the consequences. I have enough proof that i have invested more in the company and my initial amount is also not returned . But he is not ready to listen anything or accepting anything . He says he have enough evidence and create evidence against me. He took bribe from others person too who are all promoters. There is one advocate who represent the directors of the company and is with the IO. IO took money from the people and now asking for the ransom from me.
Please guide what are my rights during this course of thing.
Asked 7 years ago in Criminal Law
Religion: Hindu

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10 Answers

Dear sir,

Section 41a reads as follows:

41A. Notice of appearance before police officer. – (1) The police officer *[shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

**[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.”

Therefore it is advised that you visit the police station at the earliest. If some FIR is filed then approach the HC for getting the same quashed, if just complaint has been filed then give your defense in writting.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Record the conversation with IO wherein he has demanded money from you

Then file Police complaint against IO before commissioner of Police and anti corruption cell

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir, kindly note that the actions of IO in this case is really straight forward in terms of initiating things against innocent persons. So far as notice under section 41 crpc is concerned, it can only be issued there is a common unusable case made out. Sending section 41 is has to be on the basis of fir or any information registered against you. If there exists any FIR or information on the basis of which it is filed, we can proceed towards quashing of the same. We need to see the contents of all, notice, etc.

Mayank Sapre
Advocate, New Delhi
256 Answers

Dear client

It is not clear from ur query whether you are simply an investor or have some role in promoter also. If you were only an investor than nothing to worry no actionnlie against you. Share the notice sp as to prrperly guide you.

Adv vikas

Vikas Khatri
Advocate, Delhi
178 Answers

When police has given notice to you u/s 41 crpc then you have to comply this notice attending before I O of the case and after completing the notice you have to face trial court praying bail and that after if the case is court complain then anytime you may go before LD high court for quashing in other hand if complain is made before police directly then you have wait till charge sheet is submitted

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

Notice under section 160 CrPC is clearly says that Police Officer's power to require attendance of witnesses (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

But in your case you have attended so many times but they are asking bribe. so you have to report the matter along with your evidence to their higher officer about these people. They will take action against them.

fi

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear Client,

Notice must be under sec 160 CrPC. It is issued to you as a witness to appear before IO and record statement. You should have complained to SP or ACB.

And sec 41a notice is illegal as the same is issued to the person agasint whom complaint is filed.

Better appear in polcie station on date, nothing will happen.

Can take some lawyer with you or ask him if any complain is filed against you.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You refuse to pay any money demanded by the police or the other people.

Since you have received summons under section 41a of Cr.p.c. it would be better you first obtain anticipatory bail and then attend the enquiry session to prevent being arrested on attending the police enquiry.

All that you want to say may be expressed before the trial court instead of telling them before the unwilling police cop.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

hello

you should file a petition in the HC for a free and fair investigation and the HC shall issue appropriate orders to the police so that they may function within the 4 corners of the law. the IO is scheming to extract some money out of you. therefore file a petition or else they may arrest you.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Sec 160 Companies Act 2013: Right of Persons other than Retiring Directors to stand for Directorship. ... (2) The company shall inform its members of the candidature of a person for the office of director under sub-section (1) in such manner as may be prescribed.

Don't worry you have to file against him regarding false allegations mentioned on your name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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