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Anckur Chauhaan (Individual)     08 January 2013

Urgent guidance required

Dear Sir

We urgently need a help from some experienced senior lawyer. To give u a brief about the case, I run an overseas education consultancy in Delhi and there was a student who came to us asking for admission guidance in UK. We got his admission done in a univ in UK and processed his visa. As a mandatory reqt, he had deposited 50% tuition fee with univ in the form of a DD in favor of univ. This DD was in pounds. However, the visa got delayed and since hid course had already started, so he deferred his admission to next session, which was 6 mths later. He applied for visa again and got it this time. In the meantime the tuition fee DD had expired and was returned to us by the university's India Liaison office asking for revised fee payment through a fresh DD. We handed over the visa to the student and he said he will arrange for the full payment as had bank loan. Earlier, the DD was made through our company account (due to forex branch of the bank). The student gave us the authorization for cancellation of DD and the amount was thus credited to our company account. In the meantime, he flew to UK without informing us as he had already got the visa along with admission letter n fee receipt. We tried to contact him for fee but we had no clue about him being in UK. Later his brother came to us asking for the tuition fee and threatened to destroy our office along with his uncle. He said his brother did not want to study in UK now we should give his money back. As per the Univ rules, fee can be refunded to a student only if he is denied visa. Moreover, his brother had no authorization from the student so we refused to pay to him. He filed a compliant and case was registered against me under sec 406 and 420 and he was arrested. He was granted bail on a condition that the money was deposited with court until final decision.now at this stage we get relief from session court for sec 420 removed and 406 trial. It has been 7 yrs we are fighting for justice and all the wrk is almost shut down due to this case. We need ur help is guiding on this case. Pls send me ur no so that I can talk to you.

case stage 173/8 application to be submitted on next date. 

Thanks in anticipation of ur help.

Regards Anckur 



Learning

 1 Replies

Chetan Joshi (Advisory/Advocacy)     09 January 2013

Hi. 

 

Experience is not all that makes a sensible lawyer....

 

I would like to know to what points did the alleging party made to support the below mentioned essence for criminal breach....?? :

" dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied,"

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


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