criminal breach of trust u/s 406IPC and cheating 420 of IPC
matoshree
(Querist) 24 March 2011
This query is : Resolved
Oral allegations of handing over shares certificates to the person. Share certificates alwatys have certificate number, distinctive number but the coplainant does not mention any number.Complainant has also not mention the date on which certificates have been given and which certificates have been give.
Can charge be frame against the accused where:-
1. Oral allegation of specific security.
2. without mentioning the certificate number.
M.Sheik Mohammed Ali
(Expert) 24 March 2011
ok, once again check whether he has not mentioned the said number, after that you can file a case 420 ipc
Raj Kumar Makkad
(Expert) 24 March 2011
In the given facts of case, there is no ground to frame charge against the accused and he is liable to be discharged at this stage itself.
Guest
(Expert) 24 March 2011
Your query is incomplete, as it is not only the question of certificate number, distinctive numbers, but also it has to be seen whether the share certificates were in the name of the complainant and whether the person alleged against has really got the shares transferred in to his name or sold them. Even if the shares were not in his name, but he has the proof of purchase of the shares, he can also use that proof against the person.
Needless to mention that an innocent person often gets deceived in shares deals due to his ignorance.
Advocate. Arunagiri
(Expert) 24 March 2011
simply handling over the share certificates, and not returning the same will not amount to 420 or 406 ipc.
Santosh Goswami,Advocate
(Expert) 25 March 2011
No charge u/s 406 or 420 ought to have sustained without concrete evidence.
