Fake cheque bounce case
1 week ago
Fake current account of my firm has been opened by accused. Now they have distributed cheque of this fake current account and made them bounced and file case in court to torture
me . How should i proceed ? Can i move to highcourt to quash these procedings. I also have letter from bank stating this account as fake
A.Dear Client,
In case of false charges and proceedings, you can file a petition before the High Court under Section 482 of CrPC or before the Sessions Court under Section 483 of CrPC to quash the false FIR and proceedings. You can also file an application quashing of criminal proceedings before the High Court under Article 226 of the Constitution of India. The Supreme Court has clarified that the High Court using its inherent power can quash an FIR, even if the charge sheet has already been filed before the trial court. However, you must prove that the complainant has filed the suit with malafide intentions involving false and fabricated allegations. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
In case of false charges and proceedings, you can file a petition before the High Court under Section 482 of CrPC or before the Sessions Court under Section 483 of CrPC to quash the false FIR and proceedings. You can also file an application quashing of criminal proceedings before the High Court under Article 226 of the Constitution of India. The Supreme Court has clarified that the High Court using its inherent power can quash an FIR, even if the charge sheet has already been filed before the trial court. However, you must prove that the complainant has filed the suit with malafide intentions involving false and fabricated allegations. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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A.Dear Client,
The onus of burden is on you to prove in the court that the said account is not yours and not belong to you and you have to authorised it. additionally if there is a case of forgery involved you can file a case under sec 463 of IPC. The court will quash the case depending upon the merits of it. Engage a practising advocate for the same
The onus of burden is on you to prove in the court that the said account is not yours and not belong to you and you have to authorised it. additionally if there is a case of forgery involved you can file a case under sec 463 of IPC. The court will quash the case depending upon the merits of it. Engage a practising advocate for the same
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A.Dear Client,
To address a false complaint or false criminal proceedings filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. The Sec.482 Cr. PC empowers the High Court to dismiss criminal proceedings initiated before the trial Court against the accused. It is essential to prove to the court that the criminal suit was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for Quashing of criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR or false criminal proceedings initiated against you before the trial court below. If you feel that false evidence is being framed or produced against you, you can initiate a complaint under Section 191 IPC stating that you are being falsely framed. Collect as much evidence as you can that supports and establishes your stand before the Court. Section 209 of the Indian Penal Code states that any person who dishonestly, fraudulently, or to injure or annoys any person, makes any claim in the court of justice which he knows to be false, he shall be punished with imprisonment which may extend up to 2 years and also with fine. Section 120B of the Indian Penal Code can also be invoked in case any person feels that a criminal conspiracy that is being formed may be used against him in the future. Section 193 of the Evidence Act states that whoever intentionally submits any false evidence in any stage of judicial proceedings or fabricates any false evidence which may be used in any stage of judicial proceedings shall be punished with a term extending up to seven years and also be liable to fine. Reach out to an Advocate experienced in cheque bounce cases for guidance and necessary steps. Feel free to contact our legal team if you need our expert service to navigate your legal issues in the right way.
To address a false complaint or false criminal proceedings filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. The Sec.482 Cr. PC empowers the High Court to dismiss criminal proceedings initiated before the trial Court against the accused. It is essential to prove to the court that the criminal suit was lodged with malicious intent to cause harm or inconvenience and is devoid of truth. The burden of proof rests on the petitioner. An application for Quashing of criminal proceedings can also be filed before the High Court under Article 226 of the Constitution of India through a Criminal Miscellaneous Writ Petition invoking the extraordinary jurisdiction of the Court to quash an FIR or false criminal proceedings initiated against you before the trial court below. If you feel that false evidence is being framed or produced against you, you can initiate a complaint under Section 191 IPC stating that you are being falsely framed. Collect as much evidence as you can that supports and establishes your stand before the Court. Section 209 of the Indian Penal Code states that any person who dishonestly, fraudulently, or to injure or annoys any person, makes any claim in the court of justice which he knows to be false, he shall be punished with imprisonment which may extend up to 2 years and also with fine. Section 120B of the Indian Penal Code can also be invoked in case any person feels that a criminal conspiracy that is being formed may be used against him in the future. Section 193 of the Evidence Act states that whoever intentionally submits any false evidence in any stage of judicial proceedings or fabricates any false evidence which may be used in any stage of judicial proceedings shall be punished with a term extending up to seven years and also be liable to fine. Reach out to an Advocate experienced in cheque bounce cases for guidance and necessary steps. Feel free to contact our legal team if you need our expert service to navigate your legal issues in the right way.
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