My name is Tushar H Sheth, Male from Vadodara,Gujarat, India.
Q: If the complainant is making anticipatory breach of contract and then trying to impose NIA 138 Case against the accused then will the first court / lower court will allow to impose or not? Please note that the accused had given security cheque to the complainant at the time of an agreement. The agreement was of 3 months duration during which the accused had to perform the job but in the first month itself, the complainant had lodged false fabricated case against the accused & had put him behind the bar for 4 months. The accused is out on the bail currently. There are Bombay High Court and Supreme Courts verdicts/orders in which they have clearly stated that the NIA 138 can't be imposed on the accused by the complainant as he/she had broken the contract hence there is no liabilities on the accused anymore. Please advice lawfully under this circumstances whether the accused will be acquitted or convicted. Comment Please.
Sheth T H
1 Answer from Attorneys
It depends upon the factual matrix of each case. Without going through the actual case papers no opinion can be given. Please contact me at Baroda on 94263 34688
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