IPC 420 & 102 B
Querist :
Anonymous
(Querist) 15 January 2010
This query is : Resolved
A reputed training company which is a partnership firm of 2 partners trains students in IT/TELECOM & soft skills and places students in IT companies. this XYZ company has appointed a HR recruitment company to recruit people place them in the IT company.
This XYZ company is charging the HR company a fixed amt for training to be precise 35 k and proper business agreement is signed between HR co and XYZ compnay.
everywhere there are good and bad students the hard working ones get placed in 3 months and everything is fine the rest hv to wait.
the xyz company has not taken a rupee from students instead they hv paid stipened to them inspite of which they go and lodge a complain in police station of cheating, the case is registered and under IPC 420/ 102 B the 2 director and one relative not connected with business is arrested and 3 days of PC and 3 days of JC they go through without any fault of theirs , meanwhile the HR company 2 partners are absconding but they are A1 & A 2 in the FIR rest a3,a4,a5 are the partners.
now the matter is in court last 4 years and even FOC is not done . My question to the honorable jury.
1) can the case proceed with A1 & A2 absent and no effort by police is done to trace them ?
2) is the ingredients of IPC 420 /102B fulfilled in this case ?
3) wht shd be the stand of a3, a4 and a5 as there is no proof wth the students that they hv given money to the XYZ company.
4) if complainant does not turn up for hearing on summons then how many chances the court gives ?
yr kind guidance will be very much appreciated
