Sathish 21 October 2017

Please help: which section for criminal complaint?

I gave 10Lacs loan to my uncle and received promissory note. this pronote for 10 Lacs was executed in 50rs stamp paper, in which father and his sons agreed that: "when I ask the loan amount, if they don't have money to repay, they will sell their assets and pay my loan"

is this a loan agreement or promise?
I gave loan to him, mainly based on this agreement between us.
He approached me for loan, telling these words, these words created a confidence in my mind.
I took decision to give loan because of these wordings.

When I actually asked him to return money over phone, in person, he gifted his 3 properties to daughter and filed for insolvency. After he made gift, I issued lawyer notice to him to pay my loan amount, then I filed money recovery suit, in which I'm unable to get attachment of properties in daughter name, because she did not sign in pronote and not party of the money suit.

Now, the father and daughter are trying to dispose the properties and make cash, settle in a difference place. They have already entered into a sale agreement for one property.

He did not fulfill the loan agreement. he gifted his assets. I have EC showing the gifts to daughter. I have certified copy of this gift deed documents. I have lawyer notice copy and plaint copy of money recovery suit.

I want to give criminal complaint in police station. this comes under what section of Cr.P.C?
what main criminal wordings to put in the complaint?

Reply Follow

7 Replies

manoj 21 October 2017

You can attach property when you show that her father gave this property to escape from the debt to you Manoj Advocate 8686159292

(Guest)

In complaint to PS, there is no need to mention any Sections!

Nitish Banka (lawyer) 21 October 2017

you can give a legal notice and prosecute under NI 138

Jaspal singh (practicing lawyer) 21 October 2017

You can prosecute them in sectipn 138 NI Act as well as in your civil case make an application Attachment before judgment is levied where the court on an application of the plaintiff is satisfied that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him (a) is about to dispose of the whole or any part of his property. is levied where the court on an application of the plaintiff is satisfied that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him (a) is about to dispose of the whole or any part of his property.

Sathish 21 October 2017

Thanks all for your reply. when I read in internet, section 138 NI Act talks only about cheque bounce. Please let me know how this section 138 can be applied in my pronote document.

surendra prakash agrawal (advocate) 22 October 2017

It is clarified that Criminal Complaint u/s 138 of NI Act is applicable only when any cheque is bounced. In instant case there is no such happening.

Alternately, you may prefer to make an essential party in Recovery suit to daughter also by fikling Replica etc. The malafied intentions and criminal as well as collusion between father & daughter be established. The urgent stay application may still now be pressed through civil court.

Thirdly, if police is not cooperating to register Puca FIR, you may file criminal complaint U/S 156(3) of CR.P.C. giving sloid grounds. It seems that you have not consulted any local advocate in the matters i.e. civil and criminal sides.

Sathish 25 October 2017

Thanks all for the reply and helping my legal problem.

Mr. Surendra Prakash: I discussed with my lawyer, he says daughter did not borrow from me and did not sign the pronote, she is not party of the money suite, so court will not grant injunction against her restricting the sale of her properties. For the same reason, daughter cannot be impleaded as party in the money suite.

Can we file a Suit for declaration with injunction? against father and daughter.

to declare the gift deed to daughter as invalid and void. Father disobeyed the loan agreement, gifted properties to daughter with malafide intentions and filed for insolvency.

Am I eligible to file this case?

any good chances of winning the case?

I'm not party of the gift deed, so I need not pay court fees based on market value of the land or consideration stated in the gift deed?