406,arrest,jc,bail
sri kumar
(Querist) 01 April 2012
This query is : Resolved
Case in brief..Borrowed Equity Shares from one Sunil,by way of off-market transfer in 2008 and signed agreement on Stamp-paper ,with one of the clauses that the shares would not be sold and returned after one year.But they were sold in 2009.By verbal agreement,return date was extended indefinitely.Four payments as interest were made in Bank.Without any written request for repayment,or notice,got me arrested in June 2011,got police remand for 10 days,JC for 5 months.Got bail in Dec 2011.Charged u.s 406.Trial is in progress.What would be the status of the case,suggested course and will Limitation Act apply.Please guide.
Nadeem Qureshi
(Expert) 01 April 2012
Dear Sri
What are the allegations against you in complaint or FIR u/s 406 IPC?
sri kumar
(Querist) 01 April 2012
Sir,the main allegation is breach of contract.In FIR they had put 120,406,420,467,468 and 470 but when chargesheet was framed,only 406 remained.Thanks .
Shonee Kapoor
(Expert) 02 April 2012
Your defence would be the money transactions in the bank.
Also the main ingredient of 406 is missing, there was no request to return the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
sri kumar
(Querist) 02 April 2012
Thanks a lot Mr.Kapoor.Some deposits were in cash and I have the original counterfoils.Will it serve the purpose?Thanks again.
sri kumar
(Querist) 02 April 2012
One more clarification I would like to have from the Members,selling of shares against the contract agreement,but three years back and no proof of objection,all these time,what effect will it have in the charge of 406 in my case... Thanks.
Guest
(Expert) 04 April 2012
Dear Srikumar,
Please don't mistake me for my frank opinion. Any verbal agreement on the face of written agreement on Stamp-paper has no validity. According to one of the clauses the shares would not be sold and returned after one year, i.e., in 2009. The criminal breach of trust happens on two counts, (1) shares were sold; and (2) shares were not returned within one year. There was no question of any written request for return of share certificate, if not mentioned in the written agreement. The incedent of return of shares would have been automatic on your part.
Case of Limitation Act did not arise, as the case in 2011 was within the prescribed limit of three years after breach of the agreement in 2009.
Any cash deposit counterfoils for interest due may not help you in the breach of two main conditions.
sri kumar
(Querist) 04 April 2012
Thanks a lot Mr.Dhingra for your reply.What should I be doing further in this case,can you please guide me?
