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Prakash Tiwari (MD)     16 January 2018

Criminal case

My distributor has breached one clause of a contract we both signed. The clause says that he cannot do cross regional sales. He has done that. We want to initiate a criminal case against him. We dont want to go civil.

Can you suggest relevant IPC sections



Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     16 January 2018

Lodge criminal complaint against him for Criminal Breach of Trust under section 405, 406 IPC  for dishonestly use or dispose the property entrusted to him in violation of the legal contract signed by both parties, thus caused you or any other person wilfully to suffer loses.

Section 405 Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”.

Section 406 Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

Prakash Tiwari (MD)     16 January 2018

Thank you so much. Will do that immediately.


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