• False FIR lodged claiming money refunds

Dear Sir/Madam,
My uncle has lodged a FIR on my father through CM Jansunwai portal that my father had not returned a sum of money taken from him. Although money has been returned but there is no paper trail. All transactions are cash in hand. He has some call recordings of my father that money will be returned. FIR has been lodged in local police station and now they are calling my father. Money sum is 7 lakh rupees. Please guide me to get out of this and any counter measures.
Asked 3 months ago in Criminal Law
Religion: Hindu

5 answers received in 2 hours.

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11 Answers

If a FOR has  been registered then he has to first apply for anticipatory bail.

After that he can challenge the false case on the basis of evidences and merits in his side. 

The high court may not entertain FIR quash petition at this stage. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Well,  bring witness before the Police to prove that money is repaid.

It is a civil dispute and if the police doesn't close the case you can consider taking his bail immediately. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

Dear Sir,

1. The best option now is to file an FIR quash petition. FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR an be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.

2. You may also file a counter FIR under torts for malicious prosecution. Malicious prosecution is the malicious institution of unsuccessful criminal or bankruptcy or liquidation proceedings against another without reasonable or probable cause. Malicious prosecution is an abuse of the process of the court by wrongfully setting the law in motion on a criminal charge.

Thank you

God Bless

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

You should visit the police station with a lawyer. But before that file an application for anticipatory bail immediately.

Then visit the police station and explain the true facts.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

FIR quashing petition can be filed but i doubt that the fir would be quashed at this stage by the high court. Instead of that go for anticipatory bail.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

General the call recordings are not admissible as primary evidence in court, however you may adopt the procedures as laid down under section 65B of Indian evidence act to produce this electronic evidence before court in your defence.

The merits in your side will be the transactions that have taken place between your father and him.

Your father may produce witnesses in his support to defend his interests in the trial proceedings.

For filing a quash petition before high court under section 482 Cr. P.C., you may have to wait for the police to file charge sheet after which you can come to know about the evidences he would rely upon which can be defied properly. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Your father should in his statement take the plea that money advanced was returned 

 

rely upon testimony of witnesses in whose presence loan was repaid

 

take the plea that no money is due and payable as on date 

Ajay Sethi
Advocate, Mumbai
84383 Answers
5530 Consultations

5.0 on 5.0

 

Quashing of FIR is done only in exceptional circumstances 

 

HC is reluctant to quash FIR pending completion of investigations 

Ajay Sethi
Advocate, Mumbai
84383 Answers
5530 Consultations

5.0 on 5.0

You can first take anticipatory bail for father to secure from arrest. Later you can go for quashing of Fir it means cancelling their Fir. If you need any further assistance then you can approach me through LinkedIn.
https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

- If there is already FIR lodged then your father should take anticipatory bail from the court. 

- Further, recovery of money is a civil suit and an FIR cannot be lodged , except there is criminal offence just like cheating etc. 

- Hence, your father can approach the High court for quashing /cancelling the FIR on this ground . 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

Recovery of loan money is not a criminal offence.  No FIR can be lodged on such application.  They may have lodge a complaint and FIR may not be lodged.  Anyhow, in case FIR is lodged, there is no criminal offence, you may contest as and when the case is listed in the court.   In case, there is any phone call received from the police station, ask them that this is a civil suit and the party may take legal recourse in the appropriate court of law.  Be firm and defend your case.  You have a good case and they would never be able to prove their case in case it is filed.   They are just playing tactics to threaten you of the criminal offence.   Be prepared and face it.  Do not come under any threat.

Dalip Singh
Advocate, New Delhi
932 Answers
23 Consultations

5.0 on 5.0

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