Sec.419 and 420 ipc

S.N.Derashri (Querist) 08 April 2014 This query is : Resolved
1. Who can file complaint/FIR for the offence u/s 419-420 IPC. whether a person before whom no act of cheating personation or fraudulent misrepresentation or deception has been done can file a complaint for such an offence.
2. A person who is not an advocate, submits vakalatnama before the Court as an Advocate.Thereby he commits an offence before a Court. Who can submit a FIR/Complaint for such an offence. Is there any Ruling in this regard. If yes kindly quote the same
3. A person purchases a plot of land under a agreement to sale. seller also executes a will for the plot in his favour. Executant dies and on the basis of will purchasers gets the plot transferred in his name from UIT and gets lease deed registered in his favour. on the basis of acquired Title he enters into a contract for sale with B and subsequently in compliance of agreement sells the plot to B and executes the sale deed and get the same registered in favour of purchaser and hand overs the possession of the plot to the purchaser. Subsequently the heir of Original owner challenges the Will and sale deed executed in favour of B in a Civil Court. Civil Court derives a conclusion that as there was no relation between the original owner and the seller therefore execution of will in his favour is doubtful and thereby cancelled the sale deed executed in favour of B. Meanwhile B also sold the Plot to C. Appeal against the decree of civil Court is also pending. B filed a Complaint against seller as well some other person u/s 420, 467,468, 471 R/w 120B IPC. Police submitted charge sheet against 3 persons My query is whether such an action of complainant B and the charge sheet is tenable. Can a iota of fraudulent deception at the time of entering in to agreement for sale be presumed. Is this not a subsequent failure of contract and not covered by offence of cheating. Kindly support your reply with some judgments of Apex or any High Court.

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