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Author Topic: FIR AND CHARGESHEET  (Read 1883 times)

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Offline bikseng

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FIR AND CHARGESHEET
« on: April 28, 2014, 11:51:57 PM »
I lodged an F.I.R. against a fraud promoter under section 420 and 138 about 8 months back. Till date neither the promoter has been arrested nor the charge sheet is submitted to the court. What is the time limit for submission of charge sheet against the F.I.R. and when can the accused be arrested and sent to the court?  Please advise.

Offline advswagata

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Re: FIR AND CHARGESHEET
« Reply #1 on: April 29, 2014, 03:33:12 AM »
File an application in high court for directing the court and police to expedite the proceedings.

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Re: FIR AND CHARGESHEET
« Reply #2 on: June 10, 2014, 02:20:06 AM »
Since the 138 case is pending at the court, the promoter is now proposing for out of the court settlement thru' Police station and he is willing to pay back my Rs. 6.0 lacs by some installments.

I seek your kind advice whether 138 case will remain pending if I accept any instalment payment from the promoter or I should ask the promoter to settle the matter thru' court only against the case.

Please also advise how the police authority can handle the FIR lodged by me under law 420 against the promoter?

Offline taxguru

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Re: FIR AND CHARGESHEET
« Reply #3 on: June 10, 2014, 05:12:31 AM »
when the matter is pending in court why would you go for out of court settlement.

you can refer the matter to mediation, thats the correct approach
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Offline bikseng

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Re: FIR AND CHARGESHEET
« Reply #4 on: June 11, 2014, 02:21:24 AM »
The case 138 is ongoing at the court for about last 10 months and lodged the complaint and FIR thru' magistrate office at police station about one year back.  The summons are not being attended by the promoter.  Can I claim compensation and legal expenses for this delay?

Offline advocate-lyngdoh

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Re: FIR AND CHARGESHEET
« Reply #5 on: June 11, 2014, 03:41:02 AM »
File an application in court bring this fact that the promoter is repeatedly not attending the court thereby show total disregard to the hon'ble court.
Advocate Lyngdoh
Laitumkhrah, Shillong

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Re: FIR AND CHARGESHEET
« Reply #6 on: June 12, 2014, 03:56:40 AM »
when the matter is pending in court why would you go for out of court settlement.

you can refer the matter to mediation, thats the correct approach

What is the procedure for referring the matter to mediation and how long it will take to resolve the case?

Offline advocate-lyngdoh

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Re: FIR AND CHARGESHEET
« Reply #7 on: June 12, 2014, 11:42:43 PM »
On the next date of hearing mention it. Court is under an obligation to refer a matter to mediation
Advocate Lyngdoh
Laitumkhrah, Shillong

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Re: FIR AND CHARGESHEET
« Reply #8 on: July 05, 2014, 11:33:52 PM »
Since my 138 case is still pending at the court, should I accept any part payment from the promoter as he committed to the Police station to make the payment of 6.0 lacs due to me in monthly installments. If I accept the part payment, will there be any effect on 138 case or it will continue at the court.  As my hardearned money is blocked for about 2 years, for which I am facing tremendous financial loss and mental harrassment, can I claim compensation due to this delay? If so, how much amount can be considered by the court during judgement?  Please help me by your valuable advice.

 

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