S 420 & 506
vijaya
(Querist) 16 December 2017
This query is : Resolved
Respected experts, after issue of legal notices in partition suit in Nov'14 and Dec'14, a criminal case was filed on our family in Jan'15 us.420 & 506 alleging 4 bangles and money taken by us in Aug'14 and charge sheet was filed with oral statements of 3 witnesses only with no other material evidence. The complainant is my mother and first witness is her brother and both are defendants in partition suit. 2nd witness is wife of first witness and 3rd witness is maid servant of the complainant ie. my mother. It was alleged that my daughter took gold from my mother on a promise to return in 10 days and not returning and that when she asked to return we threatened to file partition suit. in fact we also filed a writ petition in Dec-14 when police started harassing us on different pretexts. That time also this allegation was not mentioned. We have contested in high court to quash the proceedings that they did not mention the alleged incident in their reply to the legal notices and also s.420 has no application even if their story is true. Order was passed in the high court deleting s.506, but saying the allegation attracts s.415 and dishonest intention to be examined by trail court. May I request you to please throw some light on whether the said breakage of promise to return is a civil wrong or crime us.415. In the absence of entrustment or inducement in the allegation itself, does s.415 can really be applied? Please help me understand and suggest me the available legal remedies. I am concerned if filing criminal case in the court is that easy such as 2 defendants in partition suit can be a complainant and a witness without any evidence. regards..vijaya
P. Venu
(Expert) 17 December 2017
The facts posted suggests deeper issues.
Anyhow, when the High Court has opined that provisions of Section 415 is attracted, only the Apex Court can form a different opinion on the matter.
All that could be suggested is that both the civil action as well the criminal action need to be pursued separately. In may not be prudent to mingle the issues unless cogent evidence is adduced establishing that the criminal complaint is because of the filing of partition suit.
Sankaranarayanan
(Expert) 17 December 2017
Find a local lawyer and act according the advise
Dr J C Vashista
(Expert) 18 December 2017
Consult a local lawyer for appreciation of facts, guidance and proceeding.
However, your statement/query is quite vague and confusing.
vijaya
(Querist) 20 December 2017
Thanks for the kind response and your time dear experts. Thinking to apply to SC. Any suggestions on lawyer or procedure in supreme court please
