Legal Question in Criminal Law in India

We had received the order from one of our customer alongiwith advance of Rs. 1,50 Lakhs. We had kept the machine ready & despatch was supposed to happen against testing & trials. Since last 4 years Customer did not come for testing & trials of the machine. During the period we have sold our business. Immedatily next month the said customer has filed the FIR against us under section 420 IPC, 120B. We got the transit bail & presented ourself in Police. Then court furhther sanctioned us the Anticipatory Bail. The Judge has clearly said that "Its is a civil " . Now Police & complainant are behind us to settle the matter by paying Rs. 1.5 lakhs +int+legal exps. or delivery of the machine with reasonable price. Since we are not ready for the settlement police is calling us for Investgation. on the contrary last week he had called us (Pune to Chandigarh) for filing Charge sheet at court. We had been there in the court but now he is saying you come agian next week since the Police man want to conduct the Investigation. Before travelling from Pune to Chandigarh The police man had confirmed that Challan is ready & need to present in court only. Now He is passing the time. I feel he is now harrasing us. Kindly advice


Asked on 3/10/11, 12:41 pm

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

If you have already have anticipatory bail order, there should not be any real problem.

For harassment by police, you may approach superior police officer and explain the situation. Generally, superior police officer are mature enough to understand the situation and take suitable steps.

One word of caution, since the matter is at a far away place, avoid indulging in heated arguments, complaints etc. either against local police or complainant as such acts on your part will antagonize local police and may lead to some new trouble.

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Answered on 3/11/11, 12:04 am


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