• Is IPC 420 applicable on non-fulfillment of promise

Hello 

These two guys are not returning my gold back their names are Krishna and Surojit 

NC and F.I.R Lodged against them

I have given them gold for the first time in the month of october to make a necklace and they returned the gold in the form of  necklace but the second time when the gold was given again in the month of November 2016 they have not returned

On the 6 November I gave gold amounting to 50000 to them to make a necklace they promised me they will return the gold in the form of necklace on the 16 November, the delivery date of this necklace to the customer was the 24 November, from the 16 November 2016 to the 4 December 2016 I made so many calls and on every call he made a new promise to return my gold, visited their place business place and left messages with their workers, but all this went in vain.

NC was filed on 5 december

2016 From 5 december 2016 to 29 April 2017 I made calls but they did not return my gold. 

F.I.R lodged on the 29 April

I want to know whether IPC section 420 is applicable or not??
Asked 7 years ago in Criminal Law
Religion: Hindu

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10 Answers

complaint under section 406 , 420 of IPC is maintainable for criminal; breach of trust and cheating

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Sections 420 and 406 IPC are made out in the given scenario as they have committed criminal breach of trust also apart from cheating.

2. IPC 420 is surely applicable.

3. If police does not take action in accordance with law then seek appropriate orders from the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Yes 420 IPC is very much applicable to them.

2.Additionally add section 406 IPC as well.

3.Once they apply for bail you oppose their prayer for bail so they may not get bail easily and under pressure they make compromise with you.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

In your case 420 is applicable along with 406 IPC .

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

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

Yes, very well applicable along with section 406 of IPC.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Since you have lodged a complaint with the police, you should not bother about the relevant sections of law, it is the duty of the police to frame charges appropriately as per the incidence reported and cognizance of the offence. However the police may book the case under the relevant sections for breach of trust and cheating etc.

In the meantime you may even issue a legal notice to them demanding them to return the gold after which you will have an option to file a recovery suit.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Issue legal notice to your friend to tender unconditional apology

2)if he refuses file suit for damages

3) your best option is to delete your self from friend group , block your friend

4) litigation is long drawn and expensive proposition

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

The whatsapp messages no doubt cannot be taken as primary evidence when contested in court, however the police can very well book a case under section 294B IPC.

If you are not satisfied with the police attitude you may approach the higher police officer with a similar complaint and express your grievances while seeking it's intervention and direction for a proper legal action.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Section 504 of IPC would be applicable

Section 504 in The Indian Penal Code

504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provoca­tion to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

3) if police refuse to lodge FIR file private complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

You can lodge a complaint with the police, it is is the duty of the police to include appropriate sections in the FIR, you need not bother about section, make sure your complaint is strong enough so that it is taken and legal action is initiated.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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