• Fraud, 420

Sir,I one of my brothers friend sent some money in my account and afterwards I had withdrawn the money and gave the complete amount to the concerned person.After 6-7 months I came to know that he had done some fraud in his office and the money was of that fraud.Now I am accused of 420,120 b. How can I defend myself
Asked 6 months ago in Criminal Law from Jabalpur, Madhya Pradesh
Religion: Hindu
Did you obtain a receipt when you returned the money in cash? You have to prove your innocence in the court on merits. There is nothing that can be said without perusing the FIR. 
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
If everyone is accused in the same way, as you have stated, then you can argue that it was a bona fide mistake and no criminality was involved.
Ashish Davessar
Advocate, Jaipur
18059 Answers
445 Consultations
5.0 on 5.0
1)your case should be that money was given as friendly  loan to you and that loan amount has been repaid by you in cash 

2) you must be having receipt of repayment of loan amount 

3) you have to deny being aware that money was fraudulently transferred by your friend 
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
1) if you have repaid the money do you have evidence of repayment? 

2) how did  brother friend  get to know your account details ?
Ajay Sethi
Advocate, Mumbai
23122 Answers
1214 Consultations
5.0 on 5.0
one of my brothers friend sent some money in my account and afterwards I had withdrawn the money and gave the complete amount to the concerned person.After 6-7 months I came to know that he had done some fraud in his office and the money was of that fraud.Now I am accused of 420,120 b. How can I defend myself

You should have objected to that transfer that time itself, now you are repenting for somebody's mistake. 
You have been impleaded as a co-accused since this amount was transferred to him through your bank account.
However, you have to defend yourself stating that you are unaware of any such illegal transaction and this permission to transfer his funds to your account was by oversight without enquiring properly about the nature of transaction or the origin of funds coming to your account. 
You may throw the blames on the person who was responsible for this claim total innocence of any such offence committed by him.
Discuss in details with your lawyer on the basis of the case now pending in this regard.
First obtain anticipatory bail and then challenge the case.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
I returned the money back in cash because I didn't knew that the money was fraudulent.Later on I came to know that in the same manner he has done the fraud with his relatives and friends. Everyone is accused in the same way as I am.I was imprisoned for 6 months and now I m on bail.I never even met the person personally, only when I came to know that it's his money I gave him back full money.How should I defend myself

You plead innocence of the offence as well as about the person who have transferred this amount to your account and defend yourself based on the merits of the case in your side.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
After 6-7 months when I came to know that I have been cheated I wanted to file an FIR against that person but that person came with an affidavit in which he accepted the whole crime but still I m accused of 420,120 b.please help me

This affidavit of that main accused should save you from any punishment or a conviction in the offence.
You take that copy as an evidence in your side while you plead innocence  of the offense and charges  against you,.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0

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