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Criminal Case Defense Strategy Session

1. The document describes a grievance from two clients, Rajesh Kumar Singh and Ganesh Prasad, who have been accused in a criminal case filed in 2019 by Ramesh Kumar Patel. 2. Ramesh alleges that the clients took his harvester on rent for one year and then used it for another year without paying rent of Rs. 4,70,000 that was due. When Ramesh demanded payment, the clients assaulted and threatened him. 3. The clients claim this case is false and describe their version that they were partners with Ramesh in purchasing the harvester, though no formal agreement was made. They provided cash for the purchase. They are assessing their defense

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78 views2 pages

Criminal Case Defense Strategy Session

1. The document describes a grievance from two clients, Rajesh Kumar Singh and Ganesh Prasad, who have been accused in a criminal case filed in 2019 by Ramesh Kumar Patel. 2. Ramesh alleges that the clients took his harvester on rent for one year and then used it for another year without paying rent of Rs. 4,70,000 that was due. When Ramesh demanded payment, the clients assaulted and threatened him. 3. The clients claim this case is false and describe their version that they were partners with Ramesh in purchasing the harvester, though no formal agreement was made. They provided cash for the purchase. They are assessing their defense

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Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

Name & Details of clients present:-

1. Rajesh Kumar Singh


Age 40 years, Male
S/o - Sri Gurudayal Singh
R/o:- Maudiara village
Post Office:- Duiya
Thana: Karahgarh
District: Rohtas

2. Ganesh Prasad
Age 40 years, Male
S/o: Sri Sachidanand Singh
R/o: Silas village
Post Office: Barahuti Kalaf
Thana: Kochas
District: Rohtas

Grievance:-
Clients: We are accused in a criminal case, namely complaint case filed in 2019 by
one Mr. Ramesh Kumar Patel.

Ramesh has alleged that:


He purchased a harvester in the year 2018. Three persons, namely Rajesh Kumar
Singh, Ganesh Prasad, and Umesh Kumar Singh had taken his harvester on rent.
They paid money towards rent for one year, but thereafter, they used the harvester for
1 more year.
I met the accused persons after the end of agricultural session and accounted the
amount of rent to be Rs. 4,70,000. All of the 3 accused persons promised to pay the
amount within 7 days but they failed to do so. Thereafter, on repeated occasions, I
have demanded the accounted money from them but they have not paid the amount
on one pretext or another.
Lastly, on dated (so and so) I met with them and requested to return the harvester as
well as the accounted money but they started abusing and assaulted me. They also
threatened to kill me and I had no other option but to return back to save my life.

Thereafter Ramesh filed a criminal case against 3 persons including the 2 present in
the counselling session. The Court, upon taking statement on oath and after inquiry
took cognizance under section 406/120B IPC & 323/120B IPC and issued summons.

Upon receiving the summons, the clients took advice from a local lawyer who advised
them to move for Anticipatory Bail. The clients moved for Anticipatory Bail before
Sessions Court, Rohtas at Sasaram, which was thereafter rejected.
The defense narrated by the clients:-
They are stating that this criminal case is out and out a false story. The real story, as
per clients, is as follows-
We were 3 partners, namely Rajnish Kumar Patel (non-matric.), Ramesh Kumar Patel
(matric.), and Rajesh Kumar Singh (non-matric.). It was an equal partnership, but no
partnership deed or any written agreement was prepared for the same. The
partnership was for purchase of Harvester costing Rs. 18lacs.

All three were relatives.


Rajnish Kumar is maternal brother of Rajesh Kumar.
Ramesh Kumar is the 'sadHu' of elder brother of Rajnish Kumar. Distance between
their village is 2.5km.
All three are living within the periphery of 15-20kms from each other.

Rajesh Kumar and Ganesh Kumar gave the money for purchasing the harvester in
cash to Ramesh Kumar Patel (complainant) in the presence of _____ (witnesses), and
the entire amount for purchasing was paid from Ramesh's account.
The complainant has taken the harvester on loan showing his 2.5 acres of land which
he received from his father's sister.

Opinion:-
(Client is present in the session to ascertain their defense so that he may come out of
this trouble. What shall be their future course of action?)

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