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?
Deepak Yashwantrao Bade
Responded 5 years ago
Junaid Ali Khan
Responded 5 years ago
This is clear criminal conspiracy to cause wrongful loss to both the parties.
Johnson Thangiah
Responded 5 years ago
It is a fit case for private complaint U/S 200 Crpc.
GANESH SHARMA
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Nirmal Chopra
Responded 5 years ago
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.
Ashutosh & Co
Responded 5 years ago