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.
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.
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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.
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Dear Sir,
Once convicted on plea it cannot be reopened but may seek enhancement of punishment both by way of fine and imprisonment. You have to approach higher Court.
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