p bordoloi (aao) 08 September 2018

Fraud

I have paid an amount of Rs 20 lacs to a broker on the agreement that he will sale a plot of land against which he acquired a power of attorney(to sale the land) from the original owner of the land , on later stage when I contacted with the owner of the land , the owner told me that though the power of attorney was given to the broker sibsequently after 15 days the power of attorney was cancelled .

Now when the broker is contacted to refund my money he is not paying back my money . In the last month the broker gave me cheque , but when I enquired in the bank the banker informed me that there was no sufficient balance in his account.

Pl guide me with the relevant sections under which I can lodge FIR .

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1 Replies

Adv Deepak Joshi +917017821512 (Advocate) 08 September 2018

Dear querist,

You may file suit for recovery of money at civil court and FIR under provision given below.

Section 403 in The Indian Penal Code

403. Dishonest misappropriation of property.—Whoever dishonestly mis-appropriates or converts to his own use any movable property, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.

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”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.

Section 120A in The Indian Penal Code

120A. Definition of criminal conspiracy.—When two or more persons agree to do, or cause to be done,—

(1) an illegal act, or

(2) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation.—It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.]

Section 405 in The Indian Penal Code

405. Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”. Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.

Section 406 in The Indian Penal Code

406. Punishment for criminal breach of trust.—Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

Deepak Joshi & Associates

Djaa.legal@gmail.com

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