• Clarification on case filed under section 420

A case has been filed in 2013 by a sub dealer operating under main dealer under section 420 accusing the dealer and me of following
1.his security deposit of 1 lac and subsidy of 25000 has not been refunded by dealer hence he has been cheated by dealer and company officials that's me.

This security was taken by dealer and deposited in company and as per agreement between dealer and subdealer was to refunded if subdealer resigns or terminated none of which happened till case was filed.In 2015 after session court said that this case should go on trial we went to high court to get case quashed under sec 482..in 2015 our lawyer said plz refund is money so dealer issued termination notice and based on this company gave back rs 1 lac to dealer and dealer gave it back to subdealer.

Now my question is whether case holds ground now because money was never with us but with company and now has been refunded..
Asked 7 years ago in Criminal Law
Religion: Hindu

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4 Answers

1) no case of cheating is made out

2) it is civil dispute between company and sub dealer

3) HC ought to quash section 420 case against you

4) in any case money had been refunded by the company to sub dealer now

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. All acts of fraud does not imbibe ingredients of cheating in it.

2.So the intention of cheating must be apprent from the very inception of the agreement itself which is lacking in your case.

3. I would suggest you to challenge the same in high court under quashing as you have a good case to qush it at the very inception.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

file an appeal before SC in case HC rejects your application filed under section 482 of Cr pc

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Then trial would coomense and the case would be decided on merit.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

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