• False sexual harassment case

Hi Sir,
The case is like below.
I went to police station with my female friend to file a complain of check bounce and fraud case against a man. The police called the man and man came with his wife. His wife filled a case of sexual harassment on me to settle the matter with my female friend. I met the man and his wife first time in police station. I dont know them and i never met them earlier. There was a CCTV camara installed in police station and 10 police men were there when we were talking to them.
How to i proceed further , please advice me.
Asked 11 months ago in Criminal Law from BANGALORE, Karnataka
Religion: Hindu

On the face of it, it is apprent their allegation of sexual harassment is a counter blast to your complaint against them.

Has the Police lodged a FIR against you already? If yes, approach the High Court and file a FIR quashing petition.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Deny allegations made in complaint

2) apply for and obtain bail

3) wait for police to complete investigations and file closure report or charge sheet

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Hello,

If the FIR has bene filed then approach the HC for getting the same quashed on the ground that the same is filed on fictitious ground for wreaking vengeance.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Kindly give the details of allegations she had made against you or the contents of FIR if the police had lodge an FIR against you.

Vikram Taunk
Advocate, Karnal
12 Answers

Not rated

1) if any FIR is filed police would issue you notice and record your statement

2) you are entitled to copy of FIR

3) apply for and obtain bail

You would not be arrested

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

You may obtain Anticipatory bail if you think they will file a case.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

You have a very strong case.

Obtain AB and file FIR quashing if FIR is filed by them. Do not worry.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

If you stay in Bangalore then go ahead and contact a local lawyer and obtain the same from the civil court.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

You have to defend the charges levied against you in the court. Till then you should seek anticipatory bail so that you will not be arrested indefinitely.

Please consult a good criminal lawyer and take legal remedy before you will be apprehended .

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

They can arrest you if no settlement is reached by Monday.

Apply for an anticipatory bail through a Bengaluru based lawyer

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Look here, you know that they are wrongly trying to frame you in a false case which is nothing but a counter blast. But the problem is that incase their FIR is lodged on Monday, the Police will have full authority to arrest you and in the said case, you'll have to apply for bail and there upon contest a trial which will most result in your acquittal. But since you wish to skip this complication, it's better that you get this settled through Police intervention

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

In case FIR is registered against you in a sexual harassment case, engage a lawyer to file for anticipatory bail on your behalf.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

You can not stop the woman from giving complaint against you but you must tell the concerned SHO of police station or concerned S.P of that area that the lady has given false complaint. And request the police/SP to make fair investigation in your case before making arrest, and assure them that you will personally appear before them when they required. You can apply for anticipatory bail when the lady has successfully lodged FIR against you and the police is willing to arrest you.

Vikram Taunk
Advocate, Karnal
12 Answers

Not rated

You should deny each and every allegation put forth by them and also ask the police to get the CCTV footages too. Whenever FIR has been filed against you you will have to apply for quashing and anticipatory bail.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

Police will arrest you if FIR has been lodged against you charging you of committing serious and heinous offences.

It's better if you seek anticipatory bail from sessions or High Court under Section 438 of CRPC.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

If cameras are installed in the office of the female then you should ask the police to procure the CCTV recordings which would prove that you had never entered their office. Hence, their complaint would be proved to be false on the face of it.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

For anticipatory bail, you will have to hire some advocate in Bangalore having good knowledge and experience and petition can either be filed in sessions or High Court under the provisions of section 438 of the code of criminal procedure.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

You should in your statement deny you went to their office or met the complainant

2) that you met them only in police station

3) police can during course of investigations find out whethe on alleged date and time of incident you were at their office or not

3) your phone GPS location on date and time of incident would help in proving your innocence

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Only after FIR is filed do you need to apply for bail

Obtain copy of FIR then apply for bail

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Dear Sir,

Nothing to worry. Such things happens in police stations because in these days many persons without issues approach the police stations to threaten the other people. If you have cheque bounce case. It is necessary to get issue a legal notice and if any thing happens then it will be defense for you to say that as a counter blast false case is registered on you. One more thing all issues cannot be discussed on this platform. You need some oral instructions to tackle the issue. The rules of cheque bounce cases are as follows.

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Cheque bounce FAQs

1. In which court do I need to file the complaint case under Section 138 N.I. Act in case drawer did not pay after receiving notice?

A complaint case under Section 138 N.I. Act can be filed in any competent court in whose jurisdiction any of the following acts have occurred:

a) Place of drawing of the cheque,

b) Address of bank where cheque was presented (holders bank address),

c) Address of bank where cheque is payable (drawers bank address)

d) Place from where notice was received by drawer of cheque

a. It is possible that each of these four acts could have occurred at different localities. The complainant can choose any one the above places to determine jurisdiction of court where they wish to file complaint.

2. What can I do if it has been more than 30 days since I received information of dishonour of cheque?

If the cheque is still valid i.e. 3 months (currently) have not passed from the date of its issue, you can represent the cheque again to your banker as there is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonour gives rise to fresh cause of action for filing complaint. It may be noted that once a notice for payment is given then the holder must file a complaint under Section 138 N.I. Act within 30 days from expiry of notice period as a fresh cause of action will not arise if the cheque is presented again and it is dishonoured and failure to file complaint will lead to loss of remedy available under Section 138 N.I. Act.

3. How long after notice has been served can I file a case against the drawer?

After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque.

4. What can I do if I do not have the drawer's address?

You need the address of the drawer of cheque to issue notice as contemplated under provisions of N.I. Act; also the address is necessary if you wish to avail other legal remedies available to you. You can send the notice to the last known address. In case the address of the drawer has changed and the drawer has not left a forwarding address and the notice is returned with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then you need to file a complaint case after 15 days (notice period) of receipt of such information or returned notice and within 30 days from expiry of notice period. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque

5. What should I do if the notice was returned and could not be served to the drawer?

When a notice is returned to the sender as unclaimed or with the noting that addressee is not available at the address or addressee has left without leaving a forwarding address then the date of receipt of such information or returned notice would be the commencing date for the notice period of 15 days. Complaint case under Section 138 N.I. Act must be filed within 30 days from expiry of notice period. Such reckoning would be without prejudice to the right of the drawer of the cheque to show that he had no knowledge that the notice was brought to his address or previous address.

6. Can Mohan Law Chambers assist in drafting of legal notice as required by Section 138 of N.I. Act.?

Yes, Mohan law Chambers offers assistance in drafting of legal notice as required by Section 138 of N.I. Act.

7. How long after receiving information of dishonour of cheque do I have to serve notice to the drawer?

You need to serve a legal notice to drawer of cheque demanding payment of cheque amount within 30 days of the receipt of information from your banker regarding dishonour of cheque under Section 138 N.I. Act.

8. What if the cheque was given for a reason other than to discharge a legally enforceable debt or other liability?

In cases where cheque was given for a reason other than to discharge a legally enforceable debt or other liability, the provisions of Section 138 N.I. Act are not applicable e.g. Cheque given as Gift, in charity, donation etc.

9. Can a cheque issued in security attract offence under Section 138 N.I. Act?

With respect to the dishonour of cheques given as security, legal position is not very clear. It is subject to presumption and proof thereof that may be given by either party in support of their case. High Court of Delhi in the case of M/s Datt Enterprises ltd. vs. V.K.Dua held that the security cheque does not attract the provisions of Section 138 N.I. Act., if cheques were given as a security cheque as per past practice and pending reconciliation of accounts and not towards discharge of any liability.

10. What is a legally enforceable debt or other liability?

Legally enforceable debt or other liability should be such which is contracted in accordance with law and which is not opposed to public policy viz., wagering contracts, debt obtained for running brothel or gambling house etc.

11. What is Section 138 N.I. Act and why is remedy available under it preferable to remedy available under other laws?

a. Section 138 N.I. Act was made to provide an additional criminal remedy over and above the civil remedies available; to provide a speedy and effective remedy to holder of dishonoured cheque.

b. Summary suit for recovery of money takes time (approximately 3 to 5 years) and criminal proceedings under Section 420 I.P.C. does not provide any provision for recovery of money and is meant only for prosecution of the drawer of the cheque who entertains dishonest intention to cheat.

12. What is a summary suit for recovery of money?

Summary suit is a civil legal proceeding initiated for recovery of money due under any written agreement, cheque etc. These proceedings are different from normal recovery suit, as here the liability to prove that petitioner is not liable to recover any amount is on defendant for which he needs to obtain leave to defend from the court.

13. What is the validity of the cheque in day to day business?

The current validity of cheques is 6 months. However, please note that from April 1, 2012. The validity will change to three months as per recent directive of RBI (under Sec. 35A, Banking Regulation Act, 1949)

14. What can I do if a cheque given to me has been dishonoured?

a. The holder of a cheque that has been dishonoured can seek remedy in the following manner:

i) Action under Section 138 Negotiable Instruments Act (N.I. Act): Give notice under within 30 days of receipt of information of dishonour from the bank. In case of non- payment by the drawer within the notice period of 15 days, then the holder must institute a complaint case for prosecuting drawer within 30 days of expiry of notice period.

ii) Civil Action as Summary Suit: Issue notice within 3 years from issue date of cheque and institute a summary suit for recovery of cheque amount along with interest and legal expenses. The notice can also be used while filing summary suit for recovery of money.

iii) Criminal Action: Initiate criminal proceedings by filing complaint under Section 420 Indian Penal Code (I.P.C.) within 3 years from issue date of cheque. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque when dishonest intent to cheat in inferred.

15. What documents / evidences do I need at the time of filing complaint case under Section 138 N.I. Act?

You will need at the minimum, the following:

a) Proof of service of notice - receipt of postal department / courier

b) Copy of notice

c) Cheque in original

16. What can I do if I do not file a complaint within 30 days from expiry of notice period?

If you have not filed a complaint case within 30 days after expiry of notice period, you can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from the date of issue of cheque.

17. What can I do if it has been more than 30 days since I received information of dishonour of cheque and 6 months has passed from the date of issue of cheque?

a. Other remedies are also available to recover the cheque amount. You can file a summary suit for recovery of money and initiate criminal proceedings under Section 420 I.P.C. within 3 years from date of issue of cheque. In case the cheque was never presented during its validity period then a summary suit is the only available remedy for recovery of money.

(Notice can be given to drawer up to 3 years from date of issue of cheque for instituting a summary suit for recovery of money. Criminal proceedings for prosecution of drawer can also be instituted within 3 years from date of issue of cheque under Section 420 I.P.C.)

18. The drawer is asking me to settle the claim at a reduced value. What should I do?

Its up to you to settle the claim at a reduced value as the same will save your precious time, as well as legal hassle. Now-a-days courts are also encouraging amicable settlement between the parties. However, if you settle the dishonoured cheque amount at a reduced value, you will lose all remedies available under law.

19. What remedy do I have if the drawer delays in settling after conviction?

In a recent 2010 judgement, Supreme Court has laid strict rules to deal with such delaying tactics. Delay in settling cheques bounced will cost up to 20% of the cheque amount post-conviction. This is detailed as: 10% at District Court level; 15% at the High Court level; and up to 20% at the Supreme Court level. For e.g., Defaulter going for settlement will have to pay 10% of the cheque amount to avoid going to the jail.

20. Can I recover interest and legal expenses from the drawer of the dishonoured cheque?

Yes, you can recover interest and legal expenses from the drawer of the dishonoured cheque in a summary suit for recovery of money, but not in the proceedings initiated under Section 138 N.I. Act. However, under Section 138 N.I. Act the award maybe higher than the cheque amount.

21. What should I do if the drawer does not make payment upon receipt of notice?

You can adopt either or any of the remedies available to you:

a) Can file a criminal complaint against drawer of cheque under Section 138 of N.I. Act.

b) Can file a summary suit for recovery of money, interest and legal expenses.

c) Can file a criminal complaint against drawer of cheque under Section 420 of I.P.C. Please note that there is no provision for recovery of money under Section 420 I.P.C. and this section is meant only for prosecution of the drawer of the cheque.

In case a person has filed suit for recovery, then he is not precluded from filing a complaint under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. The pendency of criminal matters would not be an impediment to proceeding with the civil suits.

Kishan Dutt Kalaskar
Advocate, Bangalore
4440 Answers
112 Consultations

5.0 on 5.0

Hello Sir, a grave injustice is caused to you and its a clear abuse of process of law. The option legal recourse with you is to file a petition under s.482 of CrPC and seek quashing if FIR, Proceeding etc. Since that FIR is not registered then if you are anticipating arrest you can move the court to seek anticipatory bail by way of petition. Since the allegation against you is false and baseless you can go if she files a case against you under S.354 then you can file a counter case against her under 182 of IPC which prescribes punishment for knowingly giving false information to police. And in any case, keep the cheque bounce case contested.

Jamal Sait
Advocate, Bangalore
102 Answers
1 Consultation

4.9 on 5.0

1. Police can register the FIR against you without credible evidence.

2. Sexual harassment should be proved with images, video clips, chats ... etc.,

3. If police had gotten credible evidence then they would have already registered case against you. As they have given time to settle the matter then police would not register case against you.

4. The lady just tried to threaten you to back off from your female friend.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

As the offence is not registered yet you dont need to file anticipatory bail. If 9ffence gets registered then you should file for anticipatory bail. Till then wait and see whatever happens.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

There is no point applying for the anticipatory bail if the matter happened in the police station and police is aware of

As a legal recourse you didn't to file a petition in the high court under section 482 for quashing of the FIR on the grounds of your presence in the police station and you can make record at the CCTV footage available in the police station let the police reply to the question petition in the High Court

Vimlesh Prasad Mishra
Advocate, Lucknow
5530 Answers
18 Consultations

4.9 on 5.0

Hi,

It is quite possible that police is in hand in globe with them and they are creating the pressure on you. You are suggested to immediately file online police complaint and write to all senior police and admin authorities including chief secretary in this regard and ask for writing FIR against concerned persons and police authorities of that station.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

Even of you apprehend that fir can be lodged you can file for anticipatory bail kindly contact a lawyer in bangalore, an application is made and it is listed the other day, as you have not done anything i think you should not back off with your conplaint, anticipatory bAil is given for aome time like 15 days, so you can apply again after 15 days

Varnika Singh
Advocate, Ghaziabad
261 Answers
2 Consultations

4.9 on 5.0

The ploy by the accused is very clear i.e., to put pressure on you so that you can withdraw the criminal complaint.

This is a clear false case, hence you may challenge the same in trial proceedings even if the police is registering the case on the basis of complaint made by them.

Dont withdraw your complaint against them for any reason.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

sir, police has not filled the case against me as they told that we are giving some time to settle the matter. if lady is willing they will file case on me on monday. shall police arrest me or they will give me some time to appoint the layer and file for bail. i stay alone in bangalore sir. please advice me as i caught in false case.

As you came to know the intention of police that they will go ahead to register FIR on the basis of her complaint, you my better obtain AB and then go to the police station for any type of settlement or to proceed with your complaint against them.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

My friend was working there. I never gone to their office or never met them . i met them only in police station in front of 10 police men and cctv is also their in police station. please advice what to do sir. I am only earning person in my family. i dont want to stuck in all these legal conspiracy.

You allow them to go ahead with her complaint.

Since you did not visit their office at all, you can challenge her case during trial proceedings properly.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

How to apply for anticipatory bail sir?please advice me as i dont know any legal procedure.?

You can approach a local advocate for this, he will take care of all such issues.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Hi sir

Is that cheque is yours or your female friend cheque? See if cctv is installed then it’s well and good... file in RTI to give the recordings of that cctv from date when the incident happened or else when the next hearing of that case take lawyer along with you then the matter would be settled or else immediately file a cheque bounce case on that don’t wait for the police people settlement it’s all gimmicks of money extortion by them. Or else do call me for further details

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Dear Sir

Don't worry much. Just contact us. We handle human rights cases. This is all false cases. Please contact us immediately for secure you in safe.

Feel free for any assistance.

Regards

Shettar

Shettar SS
Advocate, Bangalore
182 Answers
1 Consultation

4.0 on 5.0

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