Cheating
Samir Parekh
(Querist) 02 May 2018
This query is : Resolved
am a Hindu,45. I sold my commercial property (let out on rent 35K per month) jointly held with my wife to pay off huge debts and to get rid from my wife(housewife) who threatened to kill me over phone(I have the recordings). We accepted PART consideration in black just one month before demonetization. It was orally agreed between us that for separation I have to transfer all other properties in her name by way of release deed and accept X amount out of the consideration so received from sale and leave her. As the total payment from buyer was not received till demonetization, the possession of the cash was with her, only cheque payments received in individual names. Later she siphoned off all the cash and now she denies to return it. I can not do anything as I do not have any proof. She is also not ready to distribute the existing 2 residential flats jointly held in which we currently are residing. Now I am jobless have to borrow for my daily meals. Both my wife and 18 year old son are spending money like anything, I have proof of their spendings. Police not ready to take any action, I made all the efforts even I approached PMO, DELHI online who transferred the case with Income Tax evasion Department,pune. I need to sell or borrow money against existing house for my survival which she is not allowing to do so.Is there any remedy available or I will have to cut short my remaining life.
Read more at: https://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=832137
KISHAN DUTT KALASKAR
(Expert) 02 May 2018
Dear Sir,
You can file a cheating case for which oral evidence is sufficient. Get the support of two or three family friends, if police do not cooperate then go the Magistrate directly by private complaint. Please see the definition and examples.
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Section 420 in 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 description for a term which may extend to seven years, and shall also be liable to fine.
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Section 415 in The Indian Penal Code
415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section. Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money. A not intending to repay it. A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats.
(i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats.
Siddharth Jain
(Expert) 03 May 2018
Such a clear division may not be as easy when property such as a commercial building or an apartment is involved, especially when one of the partners is already residing in it. Here, the court could order the sale or auction of the property and the partner be compensated monetarily.
For any other queries feel free to contact me at isidjain1@gmail.com
R.Ramachandran
(Expert) 03 May 2018
Sensible thing for you to do is to approach a lawyer in your locality, discuss the matter and take further legal steps.
Guest
(Expert) 03 May 2018
Not a fit case of cheating. I don't think you will be gaining anything through litigation against your wife. You will simply be losing much more money through such a court case.
Your description is quite hazy, as you have not mentioned, how she siphoned off the money received by you through cheques, which were to be deposited in to your account. Can you clarify this point?
However, if yours is a real problem and description is true, one thing is certain for you, which may cause much more trouble for you in the future. Your cash transaction in black money, which stands referred to Tax Evasion Unit of Pune, can also cause havoc in your life for illegal cash transaction.
Guest
(Expert) 03 May 2018
@ Mr. Kishan Dutt, Retd Judge,
I don't think law can do anything to favour the querist in cheating case in transactions pertaining to husband & wife's joint account case or even transfer of the whole of the cash by husband to.his wife. However, the husband or wife should get themselves prepared for being booked by the IT Department for tax evasion.
Dr J C Vashista
(Expert) 03 May 2018
I endorse the expert opinion of Mr. Jigyasu and Mr. PS Dhingra.
It would be appropriate to contact, consult and engage a local prudent lawyer and do not wait for FREE CONSULTANCY, which may harm your case.
Samir Parekh
(Querist) 03 May 2018
Thanks all for great advice awarded to me.
Samir Parekh
(Querist) 03 May 2018
Yes sir I am very much convinced that I will have to give up.
