Criminal Case or Civil Case
9 months ago
I had took investment around 2.74 crores from August 2020 to October 2022 from 11 people at different interest rates for stock market business. Till December 2022 I have paid interest to everyone. Interests varies from 2.25% to 7.5%. Some people even received more interest than their principle. "I have paid interest to all the people until december 2022". Due to mismanagement of money, I'm broke. I'm facing a criminal suit against me with IPC 420, 415, 417, 419. Is this case a comes to civil matter or a criminal matter. Most people have lied in the complaint and the witness, I have all the necessary transactional information with regards to interest. They have willfully framed my Mother, Sister & Brother-in-Law and a friend of mine who is not at all connnected to this matter. What are the steps should I take to win this case.
Don't you think the investors to get back money from me deliberately wants to frame my family memebers and my friend? My family members have applied for quashing as they have not received sinlge rupee from my end. If their names are quashed from the fir, will it help my case?
Considering IPC 420, 415, 417, 419. What is the proof necessary for the prosecution to charge these sections. My intention was not to cheat, If my intention was to cheat, why would I pay them until December 2022. Even I have made agreements with all the investors. Don't you think it is a breach of an agreement?
Some investors have received like 130% for their principle. Some of them have got 35 - 40%. Some got 20%. Even I took loan of Rs. 4.5 Lakhs from my mothers account without her notice and paid investors on time.
Considering the overall situation with regard to my case. Can I challenge the court that this case is civil in nature? Even in the bail orders, the honorable district court judge has mentioned that "The matter is civil in nature".
Are there any similar cases like me before the honarable court, they have disposed criminal matter and asked the complainaint to file civil case?
How to fight this case
Yes you can raise an argument that it is a civil dispute. Non paymentis a civil charge in India. Criminal charges can be filed only if there is a case of intentional defaulters, cheating, etc.
Yes, it is of civil nature of case but to depending upon the capacity of your Advocate the Court may be convinced and FIR’s if any may be quashed.
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