IPC 420, 468, 467, 120b, 13-b
I have taken a loan guaranty in 1993. My sign are available on the affidavit. My seniors had forced me to sign. Now I am retd. And 65 years old.
Lone was from an official schema of housing development. But all the documents were fake.
It was the conspiracy of accounts section of my office. While investigating 45 cases found on account officer. I have signed only in one case loan amount was around 2 lacks. Not its value increased up to 8 lacks. I have got the bail from HC.And trail is in secession court. Court has merged all files together.
Please advise me the right path to resolve the case.
Asked 3 years ago in Criminal Law from Lucknow, Uttar Pradesh
Generally all such fraudulent cases emerging out of a single unit will be merged into one and trial will be conducted jointly. You have to engage a prudent and skillful advocate to defend your case and you should confide in him/her with full details of the issue so that he can take up the case during trial accordingly.
If you are not involved in the scam, you should not worry.
1. You have got bail already. Now the case will proceed further on merits.
2. Since you are saying that you were forced to sign you have to prove that you were forced to sign the affidavit. Failure to carry out due diligence cannot be equated with cheating.
As per your facts, you have obtained bail and the trial is under process, the case has proceeded on merits. Since you are averring that you were forced to sign, u need to prove that u had no intention or motive to obtain loan. And the sign was forced due to the pressure of seniors needs to be specifically proved. Try to show that there was no gain to you etc. Let ur advocate appear and argue as per the facts.