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Bharti Associates is distinguished by the longstanding commitment and tradition of client service excellence and the true unity of purpose through which we offer our clients innovative and creative solutions to achieve their goals and objectives. Our shared values guide our approach. We are true partners with each other and with our clients.

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Criminal Cases

Criminal law deals with actions/deeds/behavior that are or are often construed as an offense against the overall public, society, or the state—even if the immediate victim is Public Person. Examples are murder, assault, theft, and drunken driving. In such cases either FIR is registered or GD/DD entry/ Challan is made. In criminal Cases, Police/Forces/Agencies are directly involved in getting the culprit punished by the court of law.

In private cases which is also called Complaint Cases like cheque bouncing and other criminal cases, police and forces are not involved but Private/Individual has to lead his own case and has to prove his case against the accused and court decides the matter after considering the evidence and material available on record and thereby punishes or acquits the accused accordingly.

In business, it is even more dangerous to have a criminal case against you because you fear the remand by law enforcement agencies which will endanger the business and family. This divide existed and exists for a reason — the cost of endangering the fundamental right to liberty and being under detention is far too high.

Let us take the example of the Companies Act-2013, which, from the face of it, looks benign but contains enough provisions to make a criminal case. If that was not enough, we have the 420 cases (as a common person would understand) i.e. the Section 420 of the Indian Penal Code (IPC) pertaining to 'cheating'. This add-on which makes a litigant scratch her head over what exactly is the issue poses a larger problem if the court or a tribunal hearing the matter scratches its head. This is referred to as a maintainability matter.

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