• IPC 403, 406, 417, 418, 420, 465, 467, 468 & 506

I Purchase land through agent
Agent appointed another agent for find land

1) D. B. Pawar  Purchaser
2) Mr. A       First Agent (Approver of Sale Deed) (Appointed by Purchaser)
3) Mr. B       Second Agent (Appointed by First Agent) GPA holder of land holder
4) Land Holder (Total 22 Main 6 nos and remaining its legal heirs)

Transaction made as follows
Me and First Agent Rs. 40,00,000/- per Acers
Second Agent and Land Holder Rs. 28,00,000/- per acers

Sale deed of land made on March 2010.
One main member out of six filed a privet complaint u/s 420 in court that they have received only 28,00,000/- lacs per acre whereas the deal was done in 40,00,000/- per acre. hence claiming a difference amount of Rs. 12,00,000/- per acre. Court issued process against above complaint. Thereafter the case was compromise through Lok Aadalat.
In the year 2014 another main member out of six file the same privet complaint in court as per above case.. Court has advise to police dept. to check the real fact and submit report.
Queries :
1. Based on the above summary, please let me know can court issue process against the complaint files in 2014.??  
2. Please let me know the time barring against IPC 403, 406, 417, 418, 420, 465, 467, 468 & 506.
3. Please let me know whether i am liable to pay the difference amount to the land holders??
4. Also let me know the final option to get rid from this case and close the matter once for all??
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1)court can issue process against complaint filed in 2014

2) Limitation period for filing of complaint for an offence under section 406 of IPC is one year from the date of commission of the offence , there is no time limit for filing complaint for an offence under section 420 of IPC

3) under section 468.of cr pc Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) six months, if the offence is punishable with fine only

1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (In applicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.

(3) For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

3) it is necessary to peruse agreement entered into by you with agent , purchaser to advice whether you are liable to pay the difference

4) if land had been sold by seller for Rs 40 lakh per acre and they received only Rs 28 lakh per acre they can sue you to recover the balance amount

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. If the present complainant was party to the earlier earlier settlement then the instsnt proceeding is not maintainable. However if court is not aware of this then issuance of process is right.

2. There is time restraint.

3.No, unless civil court grants decree against you.

5. File quashing case in high court

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:

1. Based on the above summary, please let me know can court issue process against the complaint files in 2014.??

Opinion: It is depend on the contents of the complaint and prayer. if you have any agreement with the agent and that agent also had any agreement with the land holder then the terms and conditions shall be bound upon the parties.

2. Please let me know the time barring against IPC 403, 406, 417, 418, 420, 465, 467, 468 & 506.

Opinion: the limitation for filing the complaint is as per section 468 of Cr.P.C. is three years but if the offence is related to punishment of three years but as per section 467/468 of IPC, the punishment is upto 10 years, hence there is no limitation for filing the complaint.

3. Please let me know whether i am liable to pay the difference amount to the land holders??

Opinion: It's depend on the agreement.

4. Also let me know the final option to get rid from this case and close the matter once for all??

Opinion: Call all the shareholder before the court or mediation center and settled the matter with all in one shot.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. What were the terms of settlement before Lok Adalat? Was the amount i.e 12 lakhs agreed to be paid?

2. The accused in the second complaint should appear before police to show that he has honoured the terms of compromise recorded before the lok adalat.

3. There is no limitation to take cognizance of the complaint under sections 467. 468 and 506 IPC

4. Consult a lawyer with a copy of both complaints and order of lok adalat for a concrete opinion.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The court can issue process if it is satisfied about the genuineness of the complaint before it.

The question if not the issued barred by limitation but about reopening with satisfying reasons.

It will depend on the court order.

Go for compromise or lok adalat settlement.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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