Samir Modasia (Lawyer Daman 09825947684) 05 August 2008

ANY HELP!!!!

Dear Forum members,

I have one question for you, for which I seek answer. It will be much kind of you if you spare some time to read-think and reply with supporting law/case/judgement citation.

One of my client manufacture Gas. He appointed a dealer for marketing and selling. He took deposit and gave gas cylinder. And business started.

After few years, the dealer defaults and my client stopped supplying Gas. The dealer did not return Cylinder but stared filling same from other Gas manufacturers.

My client filed a civil suit for Declaration, Injunction and recovery and for restoration of movable property(Gas Cylinder) and for injunction and alternatively for the recovery of amount being the market value of Gas Cylinder.

Still the dealer continue filling Gas from other manufacturer using Gas cylinder of my client.

Now I want to file a Criminal Complain about theft of Cylinder.

Can I file a Criminal complain? Can I seek a criminal remedy which I already prayed for in Civil Suit?

Pl. reply...

Reply Follow

4 Replies

H. S. Thukral (Lawyer) 05 August 2008

File an application under O 39 R 2-A for disobedience of interim injunction. Dealer can be sent to civil imprisonment and his property can be attached.

Santosh Kumar Dhondekar (LEGAL OFFICER ) 06 August 2008

But as there is no injunction order restraining the dealer from further usage of gas cylinder, you cannot file application under O 39 R 2-A for disobedience of interim injunction.

You cannot file a criminal complaint for theft of property because already you several transaction with the dealer.

sanjoy kumar (advocate) 21 January 2009

Mr. Dhondekar has rightly suggested that since no injunction order is passed by the court, a petition u/o 39 r 2-A is not maintainable. Under the circumstances, what you have to do first is to obtain the injunction order.

So far second part of your query is concerned, it is an admitted fact that there was a business relation between your client and his distributor and in course of business he get the gas cylinders from your client. Subsequently, your client cancelled the contract but the distributor did not return the remaining gas cylinders and he started filling the same from some other manufacturer. So, the entire story does not disclose any offence of theft. Hence filing of any criminal case will be of no use.

The better recourse is civil suit, which you have already taken.

Jainodin shaikh (Lawyer) 22 January 2009

You can file a private complaint u/s 406 of I.P.C. but not u/s 379 or 380 or 381 DISHONEST INDUCEMENT TO HAND OVER THE PROPERTY is the main ingredience of sec. 406 DISHONEST REMOVAL OF NOTABLE PROPERTY WITHOUT OBTAINING CONSENT is the main ingredience of sec. 379 or 380 or 381 which is lacking in your case.