bharath (consultant) 20 November 2015

420 ,120 b

HI Experts,

Ihave registered a private complaint on my previous company and employees for concealing the facts under section 420 and 120 B

for which police have colluded with accused and filed a final report saying action dropped as no offence made. i made a protest petition for which the honble Magistrate allowed the petition and charged and summons were issued to accused to answer to the charge of 420 and 120 B. Now the accused approached high court and high court gave interim stay for 5 weeks,and i have received notice.Now at this juncture what should be my move ?

Does concealing facts attract 420 if so pls point me some judgements.Please sugguest ASAP.

Thanks in advance

---Bharath

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3 Replies

yogendra (engineer) 20 November 2015

concealing facts attracts IPC 415 and 417..but not IPC 420...

Section 415 in The Indian Penal Code

415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.

Central Government Act

Section 417 in The Indian Penal Code

417. Punishment for cheating.—Whoever cheats shall be punished with imprisonment of either descripttion for a term which may extend to one year, or with fine, or with both.

Central Government Act

Section 420 in The Indian Penal Code

420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

bharath (consultant) 20 November 2015

Thanks for the responce.

would also like to add the accused contradicted their own statements and where the accused are bound to protect their declaration expressed in the written document has been voilated. does this attract 420?

PLease suggest