It was agreed to other party to sell my plot at ₹50lacs, He paid me 14 lacs advance and started with all paper works but at the time of registeration he said he will only give 20lacs of whole land and I refused to sell my land and agreed to return his money. I spent the money recieved from him in my daughter's wedding. Knowing all situation he pressurised me and forcefully taken 14lacs cheque from me. I am the only man at my home along with three daughters and my wife. He continuously put pressure on me and I failed to return his money. Meanwhile he filed a FIR against me stating my cheque bounced but I didn't recieved any intimation from my bank regarding that. Also, I filed the complaint in court against him on above ground of humiliation and mis conduct. Case is already in court and today police came to my house in my absence with section 41. What should I do?
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Lawyers are available now to answer your questions.
First, approach a local lawyer and pull out a copy of the FIR that has been lodged against you, so that you can peruse the same and see the offenece/sections invoked against you in the said FIR. Thereafter, approach the High Court and seek a stay against your arrest.
Contact a local criminal lawyer.
Hello
You should immediately file a criminal writ petition in the hc so that the police will not arrest you and proceed as per the law and would investigate thoroughly the alleged offence.
Regards
1. It is normal course for Police to ask for your presence in the police station for the purpose of investigation.This is done though notice sent u/s 41a of CrPC.
2. So you can meet the police now or first take the anticipatory bail and then meet the Police.
3. Considering this dispute to be a civil one there should not be any difficulty in getting bail.
4. if you do not want to sell the property then return his money , cancel the agreement and then take further course of action of your choice as regards its selling ir not.
See section 41 crpf the police can arrest you without Warrent the said person must have registered a FIR of cheating against you. You have to obtain an anticipatory bail from the sessions court to avoid arrest see further advise can be given based on contents of FIR.
1) Immediately file a application for anticipatory bail.
2) engage a local lawyer contest the case on merits.
3) section 41crpc Any police officer may without an order from a Magistrate and without a warrant, arrest any person.
Hello,
They must have come with a notice of 41A, which means that you should participate in the investigation.
Also, he should have filed a complaint under NI act, for what has he filed the FIR?
Go ahead and cooperate in the investigation.
Regards
1) you should visit police station have your statement recorded
2) mention deal did not materialise as purchaser failed to pay Rs 50 lakhs as agreed
3) mention you need some time to refund Rs 14 lakhs
4) take loan against your property and repay the purchaser
He has lodged a complaint for cheating him .
If you did not want to swell the property then you should have refunded the money, instead you have done mistake of not returning the money and also got the cheque bounced.
Therefore he has approached police with criminal complaint for the offence of cheating and breach of trust etc.
You may better obtain anticipatory bail and then visit the police station for investigation/enquiry.
Apply for bail.
1. You were under no obligation to return his money if there was a forfeiture clause incorporated in the agreement.
2. There is no FIR maintainable for cheque bounce. If a cheque issued in favour of a person has bounced then the payee has the remedy of filing a cheque bounce case under Section 138 of NI Act, but a FIR is not maintainable.
3. What did police do? If the FIR has been filed for cheque bounce simplicitor then file a petition for quashing FIR in the High Court.
4. Police cannot arrest without serving a notice under 41A CrP.C.
Section 41 notice is for inquiry but police can arrest you after recording reasons. You can file Anticipatory bail and acquire bail.
Dear Sir,
You may get anticipatory bail immediately and also file quashing petition on such notice and FIR if any saying that police have no jurisdiction in respect of cheque bounce case. Always argue that it is a cheque bounce case. You have done a good thing and to counter the same police registered a false case.
