Recovery of security amount

I am of the view that the case does not falls under criminal jurisdiction under the head cheating, misappropriation or theft within the meaning of section 405,406 read with section 420 of the Indian penal Code. Yes, you may file a civil suit to recover the security amount.

Dear Mr. Assumi,

Any justification why promising the return of security amount after taking keys and documents on account of spending holidays and later refusing and avoiding does not amount to 406 IPC.

further not returning the keys as tenancy was upto 31st OCt 2009 for which rent is paid amount to tresspassing, cheating and theft (removal of items from house without permission)

IPC 406

It has 2 important ingredients

1. Entrustment ( Security amount is entrusted in chennai and is with owner) - Bank transaction details available for both banks located in Jurisdiction of Chennai.

2. Breach of trust (Refused to refund at Chennai and now avoiding the calls)

Any thoughts with justification why it is not applicable.

How abt Jurisdiction ? as most of the cause of action is in Chennai and property rental at Bangalore ?

regards,

Padm

I dont see the ingriedents of cheating or misappropriation in your version and it is civil actionable wrong.Better file civil suit for recovery of the security money in chennai where the cause of action arose and where both are permanent resident though the suit property lies in Bengalore.