• Standby complaint 507

Hello,
Thank you for looking into this for me.

I have heard that there is something called Standby complaint under section 507 in which you are eligible to file a complaint but not issue the notice to party. I would like to file a complaint under cheating and fraud. Can anyone please suggest.

Thank you
N
Asked 6 years ago in Business Law

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17 Answers

The section for filing complaint for cheating is under 420 pic and for forgery it's starts from 468

Prashant Nayak
Advocate, Mumbai
34663 Answers
249 Consultations

If any fake documents are produced you have to file police complaint of fabrication of documents, cheating against fraudster 

 

2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

Section 507 IPC 

 

Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

There is no such complaint under the criminal procedure code. You can however send a legal notice to the opposite party and inform it that criminal complaint shall be lodged against him in case he didn't comply with the terms of the notice.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

He shall have to prove the documents. The documents must be registered and duly stamped with signatures of witnesses.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- As per section 507 IPC , Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, 

- There is no such provision that you will filed a complaint under section 507 , and the said party will not serve notice , if you want to do so , then you can give a written information to the police , after mentioning that you have apprehension against a particular person to produce documents , and if done so, then in that eventuality , you will be not responsible for the same.  

- Further , if you think that some body is going to produce the fake documents then, you should firstly lodged your complaint against the same with the local police and higher official . 

- If no response , then you can file a complaint under section 200 CrPc read with section 156(3) before the magistrate Court, for an inquiry and lodging an FIR against that persons who is involved in the offence.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15844 Answers
243 Consultations

Person who dies not come to court with clean hands is not entitled to any reliefs 

 

if for instance complainant relies on fake documents to file case and on discovery of fraud his case would be dismissed and he can be prosecuted for making false statements on oath 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

You can file poluce complaint of forgery , cheating , fabrication of documents if fake documents are used 

Ajay Sethi
Advocate, Mumbai
99980 Answers
8162 Consultations

- For your safety , you should lodge a written complaint after narrating , that i have been cheated by some person namely.... ., and further on claiming the same , when i am trying to approach him , then that person is threatening for implicating me in false and frivolous cases,after producing some fake documents.

- Hence, i am having apprehension that he may use certain fake documents against me , and if he/she does so, then in that eventuality i will not be responsible for the same, 

- I am submitting this complaint just as an information for my safety and to remove my mental harassment , which  i am facing from him , 

- You should submit this complaints in detail to the police station , and a copy can be forwarded to the DCP or police commissioner office as well. Keep a copy with you. 

 

Good luck and dont forget to rating Positively

Mohammed Shahzad
Advocate, Delhi
15844 Answers
243 Consultations

The fake documents must be proved that they are the original. I don't think he will be able to prove that.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

I have cited the sections under which the FIR or criminal complaint in court will be filed. 

Prashant Nayak
Advocate, Mumbai
34663 Answers
249 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

There is nothing like stand by complaint. In few cases, police instead of registering FIR, first do preliminary inquiry and close the complaint if accused offer the settlement by refund.

If fake document submit by party, police will verify them during investigation.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Section 507 IPC : Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence by the last preceding section.

If you want to file a cheating case against anyone you may give a complaint to the concerned police station without mentioning any section of law.

 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

If you feel that they are fake documents, then it is your duty to prove the same as fake document by your own sources during cross examination.

So you better be vigilant on that aspect during the trial proceedings.

 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

What legal description do you want to understand?

Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment ...

 

 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

Let the party pose any threat, you may tackle his/her gimmicks in the trial proceedings in the case she/he may file against you in the court of  law.

Do not budge to any kind of pressure lest you may be deviated from the main stream

 

T Kalaiselvan
Advocate, Vellore
90182 Answers
2506 Consultations

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