gagandeepsingh.bagga (Practising Lawyer ) 09 March 2012

Suit for damages

One person hired a services of another for custom clearances, more precisely, my client handedover original document to the agent to file in the customs. Custom clearences had 1 year time limitation.

But, the agent kept on lingering the matter on one pertext or another, at one moment, in his mail, he also made a false statement that he has submitted the document. But, he did not and 1 year lapsed and my client lost his refund amount which he was suppose to get from customs.

Is suit for damages along with compensation maintainable against the agent?

Also, can i go for criminal case of crminal breach of trust and cheating along with it?

Please let me know. Thank you.

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5 Replies

Shantilal Pandya ( Advocate) 09 March 2012

suit for damages will lie ,but no hope for criminal complaint since the mere negligence or inaction by itself will not furnish a ground for criminal action . moreove criminal breach of trust cant be made out since the money paid was not to be returned .

gagandeepsingh.bagga (Practising Lawyer ) 09 March 2012

Thank you very much for the reply Mr. Pandya. How about if i go for 420"Cheating" rather than "Criminal Breach of Trust" for criminal case? Will that be maintainable?

Shantilal Pandya ( Advocate) 09 March 2012

if the deception was not intended by the accused at the time of making the complainant to part with money , then also the case of cheating cant be made out , subsequent change of mind for the accused for not to return money is immtreial for constituting the offence of cheatng .

secondly offence of cheating and criminal breach of trust cant go togather

Shantilal Pandya ( Advocate) 09 March 2012

Originally posted by :Shantilal Pandya

I may make correction to my earlier posting to the effect that the money was entrusted to the accused for depoisting it with the custom authorites but he merely failed to deposit it with the authority therefore he was bound to return it , will furnish a ground for civil action in the abscence of dishonest intention on the part of the accused

gagandeepsingh.bagga (Practising Lawyer ) 09 March 2012

Sir,

The agent was entrusted with the money, he was entrusted with original documents in the form of Letter of Credit, Subsidy forms etc. He was suppose to submit those documents with customs and clear the subsidy refundable amount which had a time limitation of 1 year. But, he did not do so and time lapsed.

Does this not amoun to criminal breach as he has breach the trust of my client by not submitting the documents.

Does this not amount to cheating where he has, in one of his e-mail, written that he has deposited the documents, whereas,he did not do so.

As per the verbal contract between the parties, agent was suppose to be paid once he cleared the refundable amount sucessfully. Which he completely failed.

Please let me know, which would be the appropriate section to file criminal charge sucessfully.

Highly obliged with all you guidance. I really appreciate it. Thank you.