Section 409 ipc

S.D. Singh (Querist) 02 January 2015 This query is : Resolved
whether 409 ipc is aplicable on builders (under merchant) who were misappropriated the clint's money received as advance for construction.

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Devajyoti Barman (Expert) 02 January 2015
No, it is not.

ajay sethi (Expert) 02 January 2015
file complaint of cheating against builder

Rajendra K Goyal (Expert) 02 January 2015
File complaint, section would be taken care by police.

S.D. Singh (Querist) 02 January 2015
in fact police filed charge sheet u/s 409/420. now the case is at charge stage...

Devajyoti Barman (Expert) 03 January 2015
I do not find any ground for applicability of section 409 IPC.
Builder is not accountant of client's money.

Biswanath Roy (Expert) 05 January 2015
Builder/Developer comes under the meaning of Agent under the Land owner if any money was paid to him as advance for construction it will connote the meaning of entrusted the property and any misappropriation thereof comes under the purview of Sec.409 IPC.

S.D. Singh (Querist) 05 January 2015
Thanks B.Roy sir, any citation/judgement in this regard. pl. quote.

T. Kalaiselvan, Advocate (Expert) 05 January 2015
You have to look for judgement yourself, but why do you need a judgement so soon?

Biswanath Roy (Expert) 06 January 2015
Sorry I do not supply citations. If you are interested you may take my written opinion.

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