How come out from the counter criminal case under sec 420
Brother is doing trading business, material obtained through brokers.In Sep2013 an order placed through Mumbai broker for supply of SoyaDOC & remitted 25 lakh in the pvt.ltd company as suggested by broker firm.But he used to supply material from another pvt.ltd company.on raising objection he told us these are sister concerns & at the end of Financial year account statement along with confirmation will be submitted.Accordingly we use to receive material & remitted an amount of Rs1.64 crores in three firms including material supplier (Rs30 lakhs) as directed by broker ,who is responsible for payments to the material suppliers as agreed supplier&broker.During
This period of transaction all the parties including supplier were mere silent. But after six months material supplier informed us that Rs1.34crores is due.on shock we have given all the remittance details& asked the firm in which our one crore amount is diverted for refund,unfortunately they denied to refund &answered that on the say of broker they adjusted our amount to others account which falsely represented as our sister concerns /creditors.
In this connection fir registered against my brother by material supplier in year 2015 under sec 420,406,468 r/w 34 in which he was arrested & on settlement with the complainant released on bail & honouring the deed&payments .
We filed civil suit against the firm which is holding one crore without supplying material and on dealing the criminal conspiracy of broker & other firms filed criminal case under se420rw34 by my brother.
But the firm which is holding amount have filed criminal case through court under sec 156(3) .
In our FIR one of the director is arrested and bailed.
What are the legal options available for recovery and to come out of false criminal case filed by them through court.
Kindly adivise us.