Calculation of loss
5 years ago
My friend participated in an auction....he was the highest bidder with amount 50 Lacs...the immediate next was 45lacs....but he could not meet the conditions ....so auction was cancelled....in the reauction the highest bid was for 48lacs....authorities filed criminal case against him sec420 for cheating...their charge is that they suffered a loss of2 Lacs in the second auction...actually without his bid,the highest bid was 45 in the first..in second they got48...so where is the loss?they calculated taking his bid 50 it correct?will 420 stand?
A.If a criminal case for cheating is filed, he can argue for dropping of section 420 IPC at the stage of plea, and framing of charges itself. if Court does not agree, go for quashing under Sec 482 in High Court.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Some time auction decides their dealing rules and regulations.we must bound to that rules when we participated.in your case there are chances of ignorance of rules imposed by auctioneer. Kindly contact with our vidhikarya lawyer with FIR copy and all related documents.
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ROBERT D ROZARIO
Responded 5 years ago
A.FIR and criminal proceedings can be quashed u/s 482 CrPC by the HC, but there has to be some grounds for quashing. Need to check the FIR, terms of disqualification of the bidder and terms of qualification of same bidder participating in re-auction. Contact a local lawyer from Vidhikarya with the documents.
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