Respected professionals, I have a questions. My partner who is a director has filed a complaint against me. Below is his complaint I contacted him and asked him to invest into business. I asked him that we should register a company and took him to CA and took his sign on papers. He invested 10 lakhs in company on different dates. He came in the office only once and never came to the office. I never showed him balance-sheet when he demanded. Also, he says "Mujhe bevkuf banake sign liye". He complained that i promised him 50,000 rupees monthly and after sometime i promised 200,000 to him monthly. After he demanded papers, i didn't gave him. Last statement of complain. I gave him wrong Assurance, Made his wrong Sign on company papers, and wrong dealings in business transactions cheated me. Police Lodges : 420,467,468 I was running a business previously. He wanted to join me and asked someone to have a talk with me. I never promised him. He has visited office few times. Myself has not made any signatures and i'm actually shocked about this rubbish. Infact, him and my CA has uploaded wrong documents showing no accounts at all in MCA without my approval. Also, i'm a bit worried of non proper maintenance of accounts by CA. But he has admitted his mistake in an email for the same. My partner is a big Goon and a local corporator where FIR is lodged. My adv told me for Interim and AB together. I have to be present while applying Interim and AB. What are my options?
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1) you have been rightly advised by your advocate to apply for Anticipatory bail
2) your personal presence is necessary while applying for AB
3) you have to deal with the allegations made in FIR in your AB application
4) i presume there is no documentary evidence that you promised to pay to director RS 50,000 monhtly from the business
Now this stage applies for anticipatory bail is the remedy for avoiding arrest and detention. After that you have to establish your case before the court on trial. The documents related to the company can use for proving your case.
1. At this stage obtaining AB and interim therein has to be priority. Once you secure AB half the battle will be won as such cases are filed with the oblique motive of making the accused cough off money. During trial the onus will be on the complainant to prove that he was cheated, whereas there is a presumption of innocence in favour of the accused. Since this is a case of cheating and fraud it is possible that you may eventually have to move the HC for bail as session courts are ordinarily reluctant to order AB in such cases.
2. The email conversation can be led in evidence by you to prove your innocence.
Dear Concerned,
In reference to your above notes PLEASE NOTE - your advocate has suggested you wisely for going for interim and AB HOWEVER .......... It is advisable to go for a QUASHING OF FIR and stay on arrest in the above mentioned case lodged against you - If the the High Court is lenient they will quash the FIR and if not will give your stay.
Best of luck.
Thanks to all of your for your help. 1) What are my chances of AB & Interim in Sessions court? 2) Personal presence could land me up in custody? Police officials have already told my relatives that if he's in our hand he'll be kicked very hard. A lot of bribe seems to be given by the corporator who is my partner. 3) He complained that he asked bank statement and i never gave him. However, he us such a big idiot that companies registered address was his office and every month a statement was sent to him by the bank. How can he say he didn't know anything. 4) He has mentioned that i promised him blah blah. However, i have not promised him even verbally let just about doing it in writtten. 5) The cops are threatening me to repay his money indirectly with the help of my relatives/friends. 6) My director has threaten few of service providers of the company and took payments from them. Even police was involved in pressuring such service providers and a written agreement was done were "Service providers" stated I've done fraud and they willfully are giving back the money to my partners personal account. After that they thought to complain about this to SP and Vice SP of the taluka. I have written copy of both the agreement and complain. I just don't want to get arrested. Being a topper of university and a offer is with me from a big US company to join them is with me. I can't take this black dark circle on myself. Please advise.
Court would not grant AB if you are not personally present
2) you would get AB if there is no documentary evidence of any written commitments by you
3) if bank statements forwarded to his office he cannot deny not having received bank statement
4) you can rely upon statement of service providers that they were pressurised to make payment to complainant by the police on basis of false allegations of fraud
1. Chances depend entirely on the FIR.
2. To escape police torture the thrust should be on AB alone. Your personal presence will inevitably result in your arrest and custody, so refrain. Accused does not have to personally appear during the hearing of his AB.
3. Be prepared to move the High Court eventually for bail as bail is more often than not refused by the lower court in cases involving cheating and fraud.
As advised by your advocate you may obtain AB first and then challenge his false case before the court accordingly.
All those issues he has stated in his complaint are debatable in the trial proceedings only and nothing can be done at this preliminary stage.
Let him come to court for prosecution, your advocate can be properly instructed to carry on proper cross examination to nullify his statements and the complaint itself.
1) What are my chances of AB & Interim in Sessions court?
This is just another routine false complaint hence y may get AB without much difficulty.
2) Personal presence could land me up in custody?
Police officials have already told my relatives that if he's in our hand he'll be kicked very hard. A lot of bribe seems to be given by the corporator who is my partner.
You better be in hiding or underground until you get AB.
3) He complained that he asked bank statement and i never gave him. However, he us such a big idiot that companies registered address was his office and every month a statement was sent to him by the bank. How can he say he didn't know anything.
This you can bring it out during cross examination and in the final argument.
4) He has mentioned that i promised him blah blah. However, i have not promised him even verbally let just about doing it in writtten.
It is his burden to prove that.
5) The cops are threatening me to repay his money indirectly with the help of my relatives/friends.
Do not budge to any pressure.
6) My director has threaten few of service providers of the company and took payments from them. Even police was involved in pressuring such service providers and a written agreement was done were "Service providers" stated I've done fraud and they willfully are giving back the money to my partners personal account.
You can challenge the same during trial.