Illegal contract and criminal charges

5 years ago

In an auction the auctioning authoroty allowed mr.A to participate in the auction. Actually A was not an eligible bidder.auctioner knew this well...but asA became the highest bidder he submitted a forged cheque which was returned later...both tthe offer and acceptance were illegal and against public policy..when cfhheque was returned and it came to publicity auctioning authority filed criminal complaint against the bidder for forgery and cheating.....actually both were wrong doers...police in the chargesheet is silent about the bidders eligibility and how he participated in auction..will the criminal complaint stand in court?

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Deepak Yashwantrao Bade

Responded 5 years ago

A.You should be file complaint u/s 200 of crpc.

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Kishan Dutt Kalaskar

Responded 5 years ago

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A.Any payment towards illegality does not attract any penal provision.Challange the challan of police before HC

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Junaid Ali Khan

Responded 5 years ago

A.File a complaint u/s 156(3) along with 200 CrPC in case your application u/s 156(3) gets dismissed you'll be on safer side.

This is clear criminal conspiracy to cause wrongful loss to both the parties.

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Johnson Thangiah

Responded 5 years ago

A.Sir,
It is a fit case for private complaint U/S 200 Crpc.

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GANESH SHARMA

Responded 5 years ago

A.If police is not taking the matter seriously then file the criminal complaint to the magistrate under 156(3) Crpc.

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ROBERT D ROZARIO

Responded 5 years ago

A.please contact a local lawyer, if possible from Vidhikarya to move your case ahead.

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Nirmal Chopra

Responded 5 years ago

A.The case is based on documentary evidence. If the police has seized and filed all necessary documents along with the charge sheet, it is of no consequence as to whether police is silent on that aspect in the charge sheet. A document filed along with the charge sheet can be considered by the court.

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Arjun Chowdhury

Responded 5 years ago

A.On the basis of the details submitted by you, I can say that the criminal complaint shall definitely stand in Court. The bidder is eligible or ineligible is not a question here. The question is after participating in the auction and being emerging out as the highest bidder, the bidder has definitely tried to cheat the auctioneer by providing forged cheques and thereby negating the entire objective the auction.
However, as on the part the bidder, there are grounds to defend and contest the case.The question of eligibility can be a matter of defence, but It shall not work as solid ground to defy the criminal charges against the bidder. However, the bidder can use it against the derelicting officials who were involved in providing him the unlawful eligibility to participate in the auction.

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Ashutosh & Co

Responded 5 years ago

A.Pls clarify your qurey what is the section involved and which court is going to auction erc

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