Sir,
Please help. I have consulted few lawyers, but they are not sure of whether ingredients of 420 and 406 are made out in my case. I posted my question and got mixed answers. see below:
https:// www. kaanoon. com/168275/criminal-complaint-for-cheating-money-and-breach-of-trust
I’m willing the pay fees and get consultation from you.
In 2014 my uncle asked loan of 10 Lacs and promised that “when I ask the loan amount, if they don’t have money to repay, they will sell their assets and pay my loan”
Pronote for 10 Lacs was executed in 50rs stamp paper along with 2 green papers, in which these wordings are included. Uncle took 10 Lacs loan from bank against his house, but never paid me. So I pressurised them to sell asset and pay my loan, for which uncle settled his properties to daughter in Dec2016, including the house under bank loan.
Then I filed money recovery suit, for which Uncle filed insolvency stating that he is unable to pay his debts and listed me as 1st creditor out of 4 creditors. Now, the uncle, sons and daughter are trying to dispose the properties and make cash, settle in a different place. Daughter sold the land that she received as settlement from his father and gave the cash to him.
07-Apr-14 Pronote for 10 Lacs executed in 50rs stamp paper
10-Aug-16 uncle took 10 Lacs Bank loan against his house
12-Dec-16 uncle settled 2 of his 3 properties to daughter
04-Jan-17 uncle received my lawyer notice
15-Mar-17 uncle settled his 3rd property to daughter
03-Apr-17 Money recovery suit filed
28-Apr-17 case numbered
27-Jun-17 uncle filed for insolvency
26-Oct-17 daughter sold single property that she received from uncle
19-Jan-18 declaration suit returned by Judge
I filed declaration suit to declare the Settlement to daughter as Null and Void. Judge returned saying
Survey numbers of uncle assets are not included in the 50rs stamp paper document, so uncle has rights
to sell the asset. Give me citation I will number the case.
I gave criminal complaint in police station who are refusing to file FIR saying the survey numbers of
properties settled by Uncle are not mentioned in the 50rs stamp paper document, so no cheating.
Mere breach of contract cannot give rise to criminal prosecution under Section 420 IPC, unless fraudulent or dishonest intention is shown right at the beginning of the transaction time, when the offence is said to have been committed.
Uncle is a wilfull defaulter, he availed 10 Lacs Bank loan against his house, but he never paid me inspite of repeated demands. This proves that uncle did not have the intention to settle my loan.
Uncle induced me to give loan by giving plain asset promise, borrowed money then his subsequent conduct of settlement of ALL his assets to daughter to avoid court attachments and then filing for insolvency substantiates his asset promise as false representation and dishonest intention(420) WHILE GETTING LOAN from me???
whether this criminal case is maintainable for 420 and 406 based on the above facts?
Is it worth filing private complaint?
what are essential ingredients in this case to attract Section 420 & 406 IPC?
Expecting your reply.
Thanks
.
