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sadananda netha gone (LAWYER)     02 July 2008

criminal liability

Dear sir,

            i am running a stock broker franchise in my town one of the trade came to my office and open a trading account with our main broker he singed with meber client agreement form and our main broker alloted a trading code to client , client send Rs. 2.00,000  ( two laks d.d. ) Demand draft in favour of my  main broker, said amount was credited  clients accoutn and client do  trading in futures and options, he loose some amount in trading, in some times he taken from pay out from  his account, after loosing  his amount , he came to my office, i loose in my trading  account , hence you are sub brokers, he arrashed to me defame you in market please settle my loses,and  i said  i have no liablity to pay the said amount , after some time  he filed a criminal case u/s 420 cheating  in local police station,  client give amount in favour of main borker name,  i got anticipatory bail from district court , there is no evidence, can i go qushing orders us/s 482 of crpc, please give me your opinons to  me 

 

thankin you

 

gone sadananda netha

 



Learning

 10 Replies

ASHUTOSH (lawyer)     02 July 2008

dear sir


in your pls tell whether FIR has lodge or not or he file complaint directely before court if the fir has lodge. yes u can move high court under section 482 to qashing a complaint/ Fir etc.


 


Ashutosh (adv)


delhi high court

H. S. Thukral (Lawyer)     02 July 2008

You can go to HC to quash the FIR otherwise since you have already got anticipatory bail, defend the case in the trial court. You have facts in your favour.

Badal Dayal Advocate (Advocate)     02 July 2008

first tell that whether the court  has taken cognizance or not, means whether court has given directions to concerned police station official to initiate investigation related to this matter or not OR FIR has lodged or not..

deepak kumar (Advocate)     04 July 2008

since the money was deposited in the account of main broker and the client lost money by his actions then the liability will not be upon you. You have got bail.


Next course would be to see whether cognizance has been taken or not. Post cognizance you can challenge the order issuing process against you in High Court U/S 482 IPC.

Guest (n/a)     04 July 2008

Greetings,


i would like to know more about sec 304A, grounds, provisions everything with 304A..


Does an accident causing death by a state transport bus...


Seniors just waiting your expert assistance..


Regards,


Vidya


 


 


 

Guest (n/a)     04 July 2008

 


Does an accident causing death by a state transport bus leads to punishment and fine..if so on what grounds..are there any provisions...must be an accident without an intesion to cause death..no motive...cannot be considered rash and negligent driving when in an highway....


Needs expertise on the issue..


vidya


 

deepak kumar (Advocate)     04 July 2008

304A does not only apply to death by accident but it will apply to any death caused by any rash or negligent act.


death by state transport bus will certainly come under it's purview whether it's on an highway or a by lane .


the prosecution will have to prove that the driver was driving the bus rashly and due to his negligence the person died.

kajal dutta chaudhury (Advocate)     08 July 2008

In this regard it is well settled principal of law particularly for the section 420 the complainant have to prove the intention, delivery of valuable articles, wrongfull gain and wrongfull  loss of the complainant and accused respectively.


In this regard the complainant is a prudent person know what he is doing neither he was proved by you to spent money in business nor he is unsound person that he has no idea about the business terms i.e. gain and loss are the two sides of every business.


Thus, what ever he spent in this regard he spent after realising the entire terms and conditions so there is no question of fulfillment of all ingredients of the section 420.


So, there is no case atall against you.

K.C.Suresh (Advocate)     09 July 2008

Mr. Sadananda neta, Adv. Kajal Dutta is right. There is no mens rea on your part. There is no cheating doen by you. For cheating u/s 420 IPC there must be deception and dishonest inducement of delivery of property. In your case that is not seen from your own words. It is a fit case to aproach H.C u/s 482 Cr.P.C. Best of luck and Regards, Adv. K.C. Suresh

K.C.Suresh (Advocate)     09 July 2008

Dear Vidhya, S.304 A IPC says about death of any person by doing any rash or negligent act not amounting to culpable homicide. So a death of a person in an accident or hit and run case if there is rashness and negligence on the driver of the vehicle whether private or public, whether in a highway ot by lane Section is attracted. You may read this section with S.279 IPC. This section is applicable when the accident was happened on a public pathway only. With regards Adv. K.C. Suresh


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