Remedy for Making false claim in agreement
In course of business transaction some signed dummy paper and one NJ Stamp dully signed by other party of agreement was given in advance ; latter on it is being found that the agreement clauses were incorporated with false claim, the major one is by showing property deed which was already lying mortgaged with PSU Bank as collateral, by the person which gave blank dummy paper and signed NJ Stamp that the other party gave large sum for Sale of deed property which latter on the same was not registered in favor of payee as claimed by payee, the agreement was not registered neither properly stamped , which was latter used to lodge court complaint u/s 156(3) Cr.P.C for IPC 420, 406 ordering Police for Investigation.
The Bank has clearly stated that on date of agreement(AS being shown) the deed was with Bank , thus ispo facto making the agreement void and unenforceable in law. But court is reluctant to treat this documentary evidence and refused to quash the FIR under section 482 Cr.P.C. citing this evidence as matter of trail.
Now it is very interesting to know from the learned member of the forum that what would be the remedy for accused under this condition the complainant have also filed case under NI Act, 138 on same cause of action.
Anticipatory Bail was rejected, now how to restrain the "Agreement" which is subject matter of the controversy under Indian Contract Act, based upon documentary evidence as Bank Letter or other any relief under Specific Relief Act as well remedy for Criminal Case, Please guide and assist