• For 420 case

Sir,my company send me a check of 5897 rupees in 2015 by post but that check recieved by other person and deposited in his account having same name as me but father names are different.Sir,I have left my native in 2005 for job and he opened his account in 2006,no deposit and no withdrawal upto 2015.then in 2016 company send another check that also he recieved but i track that and recover in same day.The first check amount 5897 deposited in his account ,it is verified by bank also but still he did not gave me the money ,kindly guide me what should I do.
Asked 7 years ago in Criminal Law
Religion: Hindu

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20 Answers

you can also send a notice to company saying that you have not received your cheque from 2015 and you need a fresh cheque you can attach all your account statment of year 2015 to company.

Then company can track that cheque that where money is deducted.

This way you will have more benefit at was mistake on part of company mailing to wrong address not you and filing complaint and suit.Also you can claim that you have no.information of said amount your are more likely to obtain the amount from company.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi

File a written complaint regarding the matter to the bank , to the company that sent the cheque .

If still your problem is not resolved then file complaint to the police.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hello,

File a case under section 420 IPC and ask police to arrest that person.

You can contact me in case you need further help .

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Sir, he has cheated the company for you still you have not received the funds and you can claim that from company.

It will be better case if company files a case.on the person you are entitled to get the amount from.company .

It will be better position you claim amount from.company the company goes for legal.action as they are appropriate authority for the cheque and they have issued the cheque so they will be in better.postion to dipose before police and court on whose name cheque was issued.

I am aware of the fact that you desparetly want to file case agaisnt the person but shall not have any locus standii as he has not cheated you there is no.csuse of action.on your part he has illegally taken funds of company which were meant for other so it is loss of company. Also I have advised looking at facial aspects so kindly appreciate otherwise I could have simple written yes file a case in police station and you have regreted it when police would have refuses same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See, we are lawyers

I can help you with the process and law.

Prediction of outcome is not my cup of tea.

Go ahead to file a complaint to police in written stating that the other person acted as YOU and grabbed your money. 416,420 Ipc sections are attracted here.

Prepare a written application and present it to the local police station.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes you can file a case under section 420 and as it is a cognizable offence the accused person will be arrested and also anon bailable offence , you can meet me at court tomorrow to proceed further .

Regards.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Please send him a legal notice payment of the previous amount encashed along with the interest within 15 days from the receipt of the notice failing to pay within the stipulated period you need to file FIR against the person with all the details in case you feel any problem in filing the FIR you may go to the court and file criminal complaint against the person under section 420 406 of IPC

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) issue person legal notice to refund Rs 5897 as he has wrongly encashed your cheque

2) if he refuses file police complaint under section 406, 420 of IPC for criminal breach of trust , cheating

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

file police complaint against the accused under section 406 , 420 of IPC

2) case may take 10 years to be disposed of

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. Yes, you can lodge complaint of cheating and impersonation against this man.

2. Once you lodge complaint the police would register FIR and can arrest his man.

3. unless and until the police registers FIR this man is not going to refund your money.

4. Next time change your address so this man may not be in a position to receive the cheque meant for you.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Sir,

I think you should not break your head for such small issue. Just get issue the legal notice to that person and your banker. It does not fit into the definition of 420 IPC, it was only mistaken facts. You will succeed.

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Section 420 in The Indian Penal Code

420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Send him a legal notice to seek recovery of this amount from him.

Lodge a FIR against him if he fails to do the needful in compliance of the legal notice.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can file an FIR against him under Section 420 of IPC.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

Hi, it is advisable to register a FIR against the person under section 420 IPC .. You can register a FIR at the local police station at the earliest

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You can write to your company about this and they should initiate proper legal action against him for recovery.

You can make a fresh claim with your company about this so that they put pressure on him.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Can I file 420 case againt him,If yes then what is the process and what can be the out come.

You cannot lodge a criminal complaint against him because it is not your your cheque.

You can inform the company who can imitate proper legal action on this.

No complaint from your side against that person is maintainable.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. You can ask your Company to pay you the said amount which you have not yet received.

2. The Company should lodge the police complaint for illegally receiving the cheque sent to you and depositing it to his account.

3. After the Company lodges the police complaint, he will either return the amount to the Company or settle the amount with you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.It is the Company who should file the police complaint.

2. You write to the Company asking for the said payment based on which it will lodge the said pol;ice complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yiu send a legal notice but that person and bank of they don't return approach civil court for directions.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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