case uder 406 & 506 IPC
n v sudhakar
(Querist) 19 February 2011
This query is : Resolved
The facts of the case are:
I was an executive director of a company. Due to some disputes among whole time directos, I had to come out from the said company during June, 2005. Till date my account has not been settled.
During my tenure I was enjoying company's car. I did not return the car since my account was not settled.
Deputy Managing Director of the said company filed an FIR against me stating that I have taken away the car and threatening them. Police seized the car from me and handed over to the company.
Recently during cross examination, my advocate asked the above Deputy Managing Director in what capacity he has filed the said case. He replied that in his personal capacity he has filed the case.
Car belongs to the company.
Still the above case is going on in the court.
Out of my curiosity I would like to know whether on the above ground itself case can be struck off since the Car belongs to company.
N V Sudhakar
Devajyoti Barman
(Expert) 19 February 2011
No, before conclusion of trial you can take advantage of the weakness of prosecution. Only during final argument the court would decide on this aspect.
