Criminal IPC 420 Criminal IPC 420

3 years ago

Dear Sir,

One of the nationalised bank lodged an FIR against me under IPC SEC 420 for cheating and fraud related to ATM transactions in the year 2015.

For your kind information, i and my two relatives made 50 + atm transactions using their two atm. And all the transactions was unsuccessful. After raising disputes, they reverse the amount for 30+ claims. But they refused to settle the claims for last few transactions and alleged me and my relatives that we falsely lodged complaints due to ATM malfunctions. The ATM machine is failed to provide valid journal log of the all these transactions and also not providing CCTV Footage.

I raised a complaint for two of the said unsettled transactions in banking ombudsman, RBI and RBI also made decisions in my favour and asked the bank to refund the amount due to lack of evidence and CCTV Footage. And bank also bound to refund the amount after the RBI Mumbai rejects their appeal.

I also submits a petition at the high court for quashing the FIR. But the concerned IO and public prosecutor urged the court that investigation is still pending and they need some time to complete the investigation. And for that reason, the high court dismissed my petition and ordered the concerned IO to start the investigation without further delay and complete the same as soon as possible. The said judgement was made almost two years ago.

So I cordially request you to look into the matter and give me some advice what can I do right now.

With regards,

S Dasgupta.

Jagannath S Pawar

Responded 3 years ago

A.Plz contact through Vidhikarya for further elaboration and an effective possible remedy with all the documents. Regards
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
If the investigation has still not been concluded, you can file a writ application in the High Court to order the IO to do their duty correctly. Alternatively, you can apply to the High Court to quash the case under section 482 CrPC.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
As more than enough time has passed to conclude any investigation, you can make a fresh application to the High Court to quash the case under Section 482 CrPC.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconPolice has filed incorrect Final A Report
Dear client, you can to file an application under section 173(8) of CRPC in the court for futher investigation as contending that the final report filed by IO is a flawed one.
question iconsec 313 of crpc
Dear Client, Under Order VIII Rule 9, the Court has the power to call upon both parties to file written statements at any time and this power should be freely used for elucidating the pleas when neces...
question iconCase is not allocated to court
Dear Sir, It is kept in cold storage and within next 15-30 days if it is not allocated to any other Court then you have to physically go to the Court and check personally.
question iconNeed suggestion for quashing
Dear Client, For quashing the FIR, you have to file a petition under sec 482 if ipc in the high court of jurisdiction. Then accordingly the court will decide the issue.
question iconLEGAL NOTICE
Dear Client, Anyone can send a legal notice to another, whether in their individual capacity or through an authorized representative lawfully capable of doing so, with the help of a lawyer. Legal noti...