Theft and Criminal Breach Of Trust

YES U CAN FILE A PRIVATE COMPLAINT U/S-406 IPC ,WITH THE HELP OF A GOOD LAWYER .

I would like to put a thought in to the minds of the members. When the trial under section 498A is in progress, can the courts try another petition under section 12 of tne DV Act? Doesn't it become double jeopardy? A subsequent petition under DV Act will always allege the same thing that of the complaint under section 498A. The court has to make a finding to the effect that the respondent has committed domestic violence inorder to pass an order under the domestic violence act, in favour of the petitioner. If there is no domestic violence, then there is no award under the Act. Once the judge finds that the respondent has committed domestic violence and passes an award in favour of the petitioner, then how can the same judge aquits the accused for lack of evidence. So in my opinion, once a complaint under section 498A is filed, then the same complainant should not be allowed to file a petition under the provisions of domestic violence act, till the trial of the other case is over. Otherwise it will result in condution of criminal trial on same person twice for the same offence which amounts to double jeopardy. - Prince Isac, Advocate, Bangalore.

My elder  widowed sister-in-law  and my wife jointly constructed a dwelling unit (G+1) in Kolkata with equal monetary contribution on the condition that all payments received from us and paid to the builder-contractor must be recorded and his signature obtained against each payment received by him as we were well-settled in Delhi and not available at site which was   agreed and decided. Seven years have passed after taking physicalpossession of our portion of the dwelling unit but till date she has not rendered the accounts or shown us the papers pertaining to the construction. Having paid the monies in good faith to her we  have not maintained an account. Now her eldest sister, who is a religious nun, clarifed that it was under her instructions, fearing that I since I intended to sell  my portion of the ground-floor flat that is why all information sought by us has been withheld. Instead she has written to me on behalf of my widowed sister-in-law stating that  we had contributed 50% of the construction cost and if we intend to sell the first preference should be my sister-in-law aforesaid. They do not deny our monetary contribution. In fact, initially we paid for the entire vacant plot of land which was later adjusted by my sister-in-law towards construction costs. I suspect that she has registered the whole property in her name and will bequeath it by a Will to my wife being her whole-blood sister and her portion to her youngest sibling -sister who is living a hand-to-mouth existence. The integrity of her husband is not beyond doubt being unemployed with no regular income except selling his paintaings and giving tuitions. In such an eventuality, he could claim the whole property and sell it and move into a smaller house and thus dispossess my wife of her rightful property  which had been duly paid for. I have no intention to sell our portion as we have invested heavily in its renovation. I have written recently two letters to them which have not been replied to asking for the rendition of accounts and some legal documentation of  the ground-floor favouring my wife but instead they have refused to comply but told us that we can live as long as we want ! In view of the foregoing, can we presume that we are co-owners of the property ? Can she force us to sell the property ? If my widowed sister-in-law has registered the whole property in her own name, has she commited a fraud or intent to dispossess my wife of her share ? What action  can I take for the restoration of the right to property of my wife and submission of accounts of our contribution and her contribution towards construction of the dwelling unit on a fully vacant piece of land?

Please advise.

Kenneth Abreu/Mira Abreu

I thought I would be receiving a reply from the learned counsel on my query above.

Kenneth Abreu

Dear Srini 2009, Theft and criminal breach of trust do not go together. In theft there is taking away of goods without the owners knowledge , while in criminal breach of trust there is entrustment. In your case , prima facie I dont think there was entrustment. But a case of theft seems to be made out. The proper forum would be the police station of the area from where the goods were taken.

 Dear Prince, On your query as to when the trial under section 498A is in progress, can the courts try another petition under section 12 of tne DV Act? The answer according to me is yes. The reason is while trying 498A, the end result will be conviction or acqittal while in a complaint u/DV Act , interim protection orders can also be passed and the reliefs are difffernt. Family fueds are the most fiercely fought and it is common to see husbands being made respondents in criminal case u/498A, 406 etc, respondent in 125 CrPC, respondent in Marriage Petition and now Respondent in Petition u/DV Act.

can anyone guide if we can file complaint directly to court, then what the use of police?