U/s 420, 406 ipc.
amit
(Querist) 04 August 2019
This query is : Resolved
Manish wants to open a ABC (P) Ltd. Company for running a water filling plant & for this purpose Manish has also taken loan of Rs.75 lacs from two banks. Manish’s very close friend Deepak requested to involve in his aforesaid business i.e. ABC Company.
On 28-02-2007 a company ABC has been registered in which Manish, Akshay & Deepak are the directors as per Memorandum of Association. Deepak had given Rs.5 lacs (3+2) to Manish vide two cheques dated 10-02-2007, in Manish’s previously running firm ‘XYZ Enterprises’ on pretext that ABC Co. Account has not yet been opened so please take this amount for my involvement and my share in the said business.
Manish and Deepak to take water & soda filling of a well known brand had given advance to some person who has franchise of the said product and that person in Delhi assured that he will give permission for the water and soda filling to ABC Co. but for the purpose Manish and Deepak has to pay Rs.10 Lacs to him for giving permission.
Manish and Deepak had given Rs.10 Lacs in cash (since at that time there was no boundation for cash transaction) to that person so that he allow them and give permission for water and soda filling, but the said third person continuing averted (Taalta raha) on one pretext or the other. Thereby cheated both Manish & Deepak.
The days have been passed but the said thirds person in Delhi ran away somewhere and Neither Manish nor Deepak had made complaint to this anywhere.
Now, all of a sudden after 12 years Deepak started blaming Manish that you are responsible for all this & further issued notice U/S 420, 406 IPC through his advocate and demanded to give back his Rs.5 lacs with advocate fees. Also involved Manish’s father too for all this. Since father has nothing to do with all this since he was a Govt. Emplyee in 2007.
To rise cause of action and ground Deepak falsely made statement in legal notice that he had given money as advance to Manish in his XYZ firm for establishment of Manish's ABC (P) Ltd.Company and even after 2-3 years Manish has not refunded his money.
Q1. Is Deepak liable or locus standi to claim his amount from Manish ? Is Manish Responsible for all this?
Q2. After twelve years does a criminal offence U/S 420 and 406 against Manish and his father prevails?
Q3. Deepak being a ABC Co. share holder and one of the Directors can file criminal case against Manish (another Director) and his father after twelve years?
Q4. What remedies can Manish and his father have to get out from this false case being made by Deepak?
Q5. any other remedies?
Dr J C Vashista
(Expert) 05 August 2019
Too long story to go through and oblige.
What is your locus standi and concern to the question as your name do not appear any where in the firm?
It would be advisable to consult a local prudent lawyer with relevant documents for better appreciation of fact, guidance and proceeding.
P. Venu
(Expert) 05 August 2019
Please post simple facts, not riddle.
amit
(Querist) 12 August 2019
Dear Sir(s),
A person files complaint of 420, 406 IPC after twelve and a half years. Is there any limitation on 420 IPC?
P. Venu
(Expert) 13 August 2019
There is no period of limitation, as provided under Section 468 CrPC for offences punishable with imprisonment for a term exceeding three years. As such, there is no limitation for taking cognisance in respect of the offence U/S 420 IPC.
