Cheating under section 420 of ipc
K N RAMA
(Querist) 11 August 2014
This query is : Resolved
My Company (an export company) Driver, whom I trusted utmost have been cheating me over the last 5 years colluding with the Manager of a petrol Bunk. Every month he has been manipulating petrol/diesel bills to the tune of Rs 2.5 lakhs.The Bunk Manager used to pay him cash and submit the bills to the Company on a monthly basis.This has been going on for 3 years or so and recently on a scrutiny this was brought to light. FIR was filed and he along with the Bunk Manager were remanded and taken to custody. A bail petition filed by the driver was dismissed on the basis if intervening petition. Now I fear he would come out of jail after 15 days. Is there any way we can lodge him in prison for another one month or so?
According to available information he has some immovable property in his name which he bought using this money.But he is not revealing the facts. How do we get to know if he has any property in his name?
I shall be grateful if some one could provide me expert opinion to ensure he doesn't come out of jail and also I want to know how to recover the money from him.
Thank you for your time and expetise.
KNR
Sudhir Kumar, Advocate
(Expert) 12 August 2014
read section 410 of IPC
Section 410. Stolen Property
Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which 1[***] criminal breach of trust has been committed, is designed as “stolen property”, 2[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 3[India]]. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.
Rajendra K Goyal
(Expert) 12 August 2014
The accused can not be kept in Judicial custody till the court does not find the requirement for it.
The details of property purchased by the embezzlement has to be searched yourself.
malipeddi jaggarao
(Expert) 12 August 2014
1. Your wish that he should be in custody for one more month is illogical. You cannot take the law into your hand simply because he has committed misappropriation. It is for the court to decide either to grant bail or not. You have filed the complaint and police initiated action. Your role is over as far his liberty is concerned.
2. Regarding purchasing of property with misappropriated money - to know the details you can engage a local lawyer who will conduct search in the sub-registrar office records within the area you suspect that he had bought the property. You can give the names of this person and his family members names for conducting search.
What are you doing for the last 5 years. Frauds are committed only by trusted people in majority cases. Unless you trust a person, where is the opportunity to commit fraud? Any way you realized now and give some cooling period. Truth will come out in due course.
Nadeem Qureshi
(Expert) 12 August 2014
nothing left to add, contact a lawyer personally with all documents, it will be better.
Sudhir Kumar, Advocate
(Expert) 13 August 2014
the fraud as you described was in purchase of fuel during five year period. It may be difficult to actually prove the same although you have made a complaint and police acted and arrested.
He may be having chances of acquittal.
Even you may be accused by Income Tax deptt for showing more expenditure on fuel for five years.
Dr J C Vashista
(Expert) 13 August 2014
Well advised by experts, nothing more to add. Consult your lawyer.
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
The issue has been properly addressed by experts, nothing more to add, except discuss further issues with your lawyer and proceed accordingly.
