U/s 420 convicted - my father
Querist :
Anonymous
(Querist) 02 January 2012
This query is : Resolved
Dear Sir
My father has been convicted today U/s. 420 from a district court. He had taken INR50000/- as advance payment towards selling the house and balance was 1500000/-. Some how he didnot wanted to sell later on and offered him to return the money.
Tmorrow the judge will decide on penalty and Impr. part.
My question to you are following -
1) What can be the minimum and maximum penalty & impr. in this case.
2) He is a 65 years old heart patient with 1 angeoplastry done last year. Can there be mercy granted on these facts and to what extend.
Thanks
M.Sheik Mohammed Ali
(Expert) 02 January 2012
you can make amicable settlement to the respondent, same time you file affidavit aforesaid reasons. it may decided of the judge may give possible order.
Raj Kumar Makkad
(Expert) 02 January 2012
1. Minimum punishment may be warning and maximum 7 years.
2. Yes, the court shall definitely take into consideration all such facts while deciding punishment.
It is not understood how your case directly reached to district court as offence under section 420 is triable by a magistrate of first class? Otherwise also, this is a civil matter and no FIR can be lodged in such matter of specific performance. Even if sale deed was refused by your father, the other party could have filed only civil suit and not the criminal as has been done in the present matter. There are various citations in your favour.
Is your lawyer not aware of these citations?
Sankaranarayanan
(Expert) 02 January 2012
Yes better to solve it with ammecable manner and rest of ur doubt was clarified by mr makkad
V R SHROFF
(Expert) 02 January 2012
YOU MUST GO FOR REVISION IN SESSONS HIGH COURT.
IN 420, one has to prove intention of accused from the very beginning to cheat the person.
In your case, it seems civil liability.
Age and illness will have mercy, and light punishment, but as I suggest, go for Sessions court Revision.
Ur adv shd have applied for discharge, as it is purely a civil matter, and opposite party can file petition for specific performance of contract, or injunction togather.
As contract is proved, if accepted, you are likely to lose your house also.
You have to deny contract term violated by purchaser, not by you so no punishment, and token money of 50k [against 15L] can be forfeited legally.
Deepak Nair
(Expert) 02 January 2012
I think no amicable settlement is possible now as your father is convicted and the judgment will be tomorrow.
Now, the remedy available to you is to file an appeal against the said judgment within 30 days of receiving the order.
Sudhir Kumar, Advocate
(Expert) 02 January 2012
At times people accept advance even if they do not have clear title. Or else there may be some misleading statement in the advance deed. Such case can give rise to present situation.
Shonee Kapoor
(Expert) 07 January 2012
Nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
