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Ramesh Chandra Tiwari (Service)     09 July 2009

Cheating and Breach of Contract

 

Friends,
FIR has been lodged under section 408, 420 IPC and 66, 72 IT Act against a person known to me. He is worried because he did not committed anything intentionally nor he has gained anything out of this quoted offence.
Please let me know is whether:
1.       Whether these offences are bailable or not?
2.       What is the maximum damage to this person?
Regards,


Learning

 2 Replies

Dharmesh Manjeshwar (Advocate/Lawyer)     09 July 2009

408 - criminal breach of trust by a clerk or servant  - cognizale - non-bailable offence

420 - cheating and thereby dishonestly inducing delivery of property, or the making, alteration or destruction of a valuable security - cognizable - non-bailable offence.

Maximum damage could be staying behind bars for say about a month or so - will depend on prima facie evidence against him ..... but he will get bail in due course of time ......

loss of the job ..... loss of reputation ..... will have to attend court for facing trial once charge sheet gets filed ...

1 Like

PARTHA P BORBORA (advocate)     09 July 2009

i agree with ld. expart Manheswar but if there is a prima faci case then the maximum period of detention may extremd to 60 days.


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