Can a proclaimed offender file a criminal case ?
One crook obtains payment against fake documents, does not make supply, and issues a cheque towards settlement in 2010, cheque bounces, legal notice ignored, case filed u/s 138 of NI Act. First attendance to court is only against a NBW, later again he keeps absenting, even against 6 NBW’s. Meantime, 6 other cheques given in partial settlement bounce some for 2,3, and one 4 times, three more cases filed u/s 138 of NIAct. Culprit does not appear in any case at all.
6 NBW are issued, twice declared a proclaimed offender, one NBW, and one arrest warrant.
Against one NBW, local police arrests and produces him in an Executive Magistrate, who grants bail against NBW from a Judicial Magistrate. Here again, accused is directed to surrender by Ist week of September, jumps bail, against directed to surrender by mid November, again jumps bail, direc ted to surrender by 2nd week of January, again jumps bail, and is again directed to surrender by mid February.
In desperation, accused files a vindictive criminal case against victim in Haryana in a court in West Bengal, alleging that the victim, age 80, raided his office, with 4-5 goons, manhandled 4-5 staff members, broke and looted cash box, snatched cash from pocket, case filed under various sections involving robbery etc. And all this incident is claimed between 1.0 to 2.0 AM, midnight.
The victim aged 80, has never in entire life visited any station in Bengal, much less at this age, and false witnesses have been put up.
Apart from filing a write in High Court to quash the false case, what other remedies are available.against such false accusation and case ?
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