3 Answers
Dear Sir,
File for Anticipatory Bail (AB): This is the most crucial step to protect yourself from immediate arrest.
Attach Documents: Use your notarized MoU, written refund offer, and the proof of full payment disbursement in 5–7 days as evidence in your AB application. This material shows that the matter is essentially a payment default (civil/NI Act $\S 138$) and lacks the criminal intent (mens rea) required for IPC S 420$ (Cheating) and 406 (Criminal Breach of Trust).
Courts often grant conditional bail in such financial disputes, especially when the accused shows clear willingness to pay.
Voluntary Appearance/Cooperation: Once you have the protection of an AB order, appear before the Telangana police/IO as required. Present your documentation and clearly state your intent to pay within the stipulated time.
Payment and Quashing: The best defense is to make the full payment immediately. Once payment is made, you can file a petition under $\S 482$ CrPC in the Telangana High Court to quash the FIR, arguing that the criminal case cannot stand since the primary dispute (payment) is resolved, or at least the requisite criminal intent is extinguished.
Your case is of civil dispute and as such no criminality is involved.
- 1. FIR and 138 N.I Act case are different and should be dealt separately, however, 138 would be helpful. Apply for bail. Police will start investigation and can also arrest you.
- 2. Under guidance of a competent lawyer set up the case of civil dispute. What is the amount involved in the case?
- 3. Firstly get bail and secure your person then proceed further.
Hi,
An advocate can handle your matters.
If the cases have not been registered you need to stay calm.
The 138 matter will be dealt separately and the FIR matter separately.
Get in touch with me for further advise through OLQ.