• Criminal complaint for cheating money and breach of trust

In 2014 my uncle asked loan of 10 Lacs and promised that "when I ask the loan amount, if they don't have money to repay, they will sell their assets and pay my loan" 

Pronote for 10 Lacs was executed in 50rs stamp paper along with 2 green papers, in which these wordings are included. Uncle took 10 Lacs loan from bank against his house, but never paid me. So I pressurised them to sell asset and pay my loan, for which uncle settled his properties to daughter in Dec2016, including the house under bank loan.

Then I filed money recovery suit, for which Uncle filed insolvency stating that he is unable to pay his debts and listed me as 1st creditor out of 4 creditors. 

On 26-Oct-17, daughter sold the land that she received as settlement from his father and gave the cash to him.

07-Apr-14 Pronote for 10 Lacs executed in 50rs stamp paper
10-Aug-16 uncle took 10 Lacs Bank loan against his house 
12-Dec-16 uncle settled 2 of his 3 properties to daughter
04-Jan-17 uncle received my lawyer notice 
15-Mar-17 uncle settled his 3rd property to daughter
03-Apr-17 Money recovery suit filed 
28-Apr-17 case numbered
27-Jun-17 uncle filed for insolvency
26-Oct-17 daughter sold single property 
19-Jan-18 declaration suit returned by Judge

I filed declaration suit to declare the Settlement to daughter as Null and Void. Judge returned saying Survey numbers of uncle assets are not included in the 50rs stamp paper document, so uncle has rights to sell the asset. Give me citation I will number the case.

1) please give me citation, person borrows money via pronote, then settle the properties and file for insolvency.

I gave criminal complaint in police station who are refusing to file FIR citing the pending civil case for the same cause of action and not mentioning the Survey numbers of uncle assets in the 50rs stamp paper document.

2) Please give me citation for simultaneous proceedings of a civil and a criminal case, particularly for pronote cheating.

3) what sections are made out? like 420 406
Uncle is a wilfull defaulter, he availed 10 Lacs Bank loan against his house, but he never paid me inspite of repeated demands. He clearly violated the loan promise of selling his property to repay my loan if he does not have money to repay the loan.

4) Uncle gave plain asset promise, borrowed money then his subsequent conduct of settlement of ALL his assets to daughter to avoid court attachments and then filing for insolvency substantiates his asset promise as false representation and dishonest intention(420) WHILE GETTING LOAN from me???

5) whether this criminal case is maintanable for 420 and 406 based on the above facts? The essential ingredients to attract Section 420 & 406 IPC are made out?

6) daughter sold the land, so daughter can be prosecuted for acting in conspiracy with father?

7) if possible email me sample private criminal complaint to
Asked 4 years ago in Criminal Law
Religion: Hindu

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7 Answers

Hello sir , the above matter needs both criminal as well as civil liability .. Your uncle has dishonestly from the very beginning have deceived you , and for causing wrongful loss transfered the property to his daughter .. It is advisable to file a criminal complaint of cheating and criminla breach of trust under section 406 and 420 IPC .. You can contact me in person for drafting of criminal complaint ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

The remedy available under S.138 and criminal offence under S.420,422 and 417 are distinct and separate.

In a matter decided during the course of revision, the HC decided that if it is apparent that an insolvency petition has been filed to avoid a liability under S.138, then the revision is not maintainable.

However, the properties bequeathed to his daughter much before notice shall not be a ground to set aside the sale.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Your lawyer will draft private complaint

2) both civil and criminal cases can proceed simultaneously

3) judgments depend upon facts of each case

4) case can be filed against uncle under section 406 , 420 of IPC

5) essential ingredients are made out fir filing case

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

P. Swaroopa Rani Vs. M. Hari Narayana alias Hari Babu, AIR 2008 SC 1884, Supreme Court has held as under :-

"t is, however, well settled that in a given case, civil proceedings and criminal proceedings can proceed simultaneously. Whether civil proceedings or criminal proceedings shall be stayed depends upon the fact and circumstances of each case......

Filing of an independent criminal proceeding, although initiated in terms of some observations made by the civil court, is not barred under any statute......It goes without saying that the respondent shall be at liberty to take recourse to such a remedy which is available to him in law. We have interfered with the impugned order only because in law simultaneous proceedings of a civil and a criminal case is permissible."

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

There is no case made out for attaching your uncle's property for return of loan amount.

The pronote is only loan agreement and it doesn't contain any clause for attachment of his properties if he fails to repay the loan amount.

You can initiate steps for recovery of loan as per law and cannot demand his properties in return.

No claim in this regard shall be maintainable.

You cannot lodge criminal complaint against your uncle or his daughter and section 420 IPC is also not maintainable.

You can initiate legal steps for recovery of loan by due process of law.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You have to make application for amendment of plaint as promote was executed in defendant residence and not at your house as alleged in Plaint

2) you cannot make application for return of plaint as per pleadings the promote was not executed at defendant house

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Without making an amendment in the plaint how can you bring the jurisdiction of the plaint to the other court since the pleadings and the cause of action in the plaint has already mentioned to have jurisdiction in this court itself, hence better think about the consequences before taking any wrong decision as it will prove fatal to your main case or purpose.

You are asking citations for altering the place of execution of the promissory note in plaint, how is it legally possible to alter the place of execution of promissory note? Is it legal to alter the promissory note?

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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