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mdr   23 July 2022

Section 420 main points to be noted before filing case

Sir, we are into medical recruitment , we recruit doctors to hospitals , diagnostic centres, medical colleges

I came across a person Dr X who introduced me as partner of ABC diag centre and requested me to provide 

doctor for their centre , i informed him about our recruitment charges and these were verbal and whattsapp communications . based on Dr X request i provided radiologist Dr P  on the salary of Rs 3 lac where in our charges 

Rs 1.5 lac need to be paid on the date of joining .

Now Dr X ,who claimed to be partner of the centre had misguided everyone. 

a) He didnt have any proper agreement as partner of the centre ABC diag centre

b)Dr X didnt inform the ABC diag partners about our charges 

c) Now i need to get Rs 150000/- FROM Dr X  what is the stand I can take?

examples of cheating mentality:

d) Dr P was paid advance of Rs 3 lac by the management , and Dr X Induced Dr P to give Rs 3 lac and took the amount in lieu of PDC which got bounced.( This is between Dr X and Dr P.....only for the purpose of understanding mental state of the person)

e) There are many instance in Market where in he was found to tinker with payment of different parties.

 



Learning

 1 Replies

Mahi Manchanda   26 July 2022

Hi,

You can file a case under section 420 under the indian penal code,

420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

If you want to a civil approach instead of criminal, you can file a case for breach of contract under the indian contract act, 1872

You can appeal for damages and compensation in order to pay the requisite amount.

I hope this helps.

Have a good day!


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