Need urgent help for s 420 ipc & for breach of contract
nishant
(Querist) 02 March 2012
This query is : Resolved
Hi experts,
pls help me
My client is arrested by police for offence u/s 420 IPC & jmfc has given police custody to him for 3 days. Facts of case- accused person has got payment of Rs 5 lakh from complainant by cheque. Accused person & complainant had made agreement before notary. The main ingredient of agreement was that the first party (i e accused) will provide some labours for certain agricultural work with in specified period to second party (i e complainant). But for some reasons first party (i e accused) failed to provide the labours. So complainant alleged that accused got payment & did not supplied labours. Hence accused cheated.The complainant has not seek any civil remedy.
Whether under these circumstances
1) whether civil action/remedy will prevail over criminal motion?
2) Such complaint is tenable?
3) whether such person can set crimnal law in motion by lodging complaint?
4) So is there any case law on this point?
I want MCR of accused & release of accused on bail
PARTHA P BORBORA
(Expert) 02 March 2012
you can file both, civil or criminal. in civil- breach of contract and in criminal u. s 420 ipc.
Nadeem Qureshi
(Expert) 02 March 2012
Dear Nishant
as per your query, file a quash petition before HC for quashing Compliant/FIR (As applicable), this is not a criminal case, you can also file an application u/s 245 (2) Crpc for discharge the accused with all the relevant documentary proof.
Feel free to call
prabhakar singh
(Expert) 03 March 2012
Hi experts,????is an address i deny to reply.
may be you are smart,smarter,or smartest but
not a behaved one as an Indian.
Shonee Kapoor
(Expert) 04 March 2012
Yes Civil action would prevail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
