• Case under IPC 406 & 420

Sir, I am a retired army brigadier & a gallantry award winner in Kargil war. Retired in May 2004. During Feb 2006 I asked Taipan Motor Company MD for two mercedes cars class s as per scheme told by him & deposited Rs 69 lac through RTGS to Taipan Motors. I was neither given any car nor amount refunded till date. Since the owner requested for more time . Now an FIR has been filed against the owner under IPC 406 & 420 at sector 17 Police Station Chandigarh yesterday. Since all documents were taken by him on the pretext of checking up., can he try for bail on any other course & what steps should I initiate to get my amount recovered . Please advise ( my mail id is brig.mpsbajwa@gmail.com)
Asked 3 years ago in Civil Law from Chandigarh, Chandigarh
1) your claim is barred by limitation . 

2) payment was made by you in 2006 

3) if car was not delivered you should have filed suit to recover your money within period of 3 years 

4)FIR has been filed by you after gap of 9 years . court would grant him bail 
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

1. The FIR has been filed against him, so it is natural that in order to preempt his arrest he will file for anticipatory bail. You should field your own lawyer in the court to oppose his bail.

2. In order to recover your amount from him you should file a lawsuit for recovery against him. The documentary proof of remittance of money to him i.e RTGS transfer is sufficient to prove that the amount was remitted to him.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

Hi, you have to file a suit for recovery of money based on the amount paid by you through RTGS.

2. But in your case the question of limitation as the suit for recovery of money 3 years is the limitation so please check is there any documents in writing  to show that they have acknowledge the debt in recently.So based on that you have to file a suit for recovery of money.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

Besides complaint with the police you may initiate legal cases through consumer redressal forum for action agaisnt the MD for deficiency of services and compensation to the damages you suffered and also for recovery of the amount held by him with nominal rate of interest till date.  Alternately you may file a money recovery suit through a civil court with the help and support of the evidences in your possession. 
If the police are not responsive or appear to be lethargic, you may approach the higher police official of the district for an expeditious action or approach judicial magistrate court with a request to direct the police to investigate the matter expeditiously, with a petition under section 156(3) of cr.p.c.
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

1. The accused can and of course will try to get bail and they are expected to get it since as per our Apex Court,  bail is normal and jail before prosecution is exceptional,

2. You have ample evidence to prove that the said Company had taken the said amount from you,

3. Criminal case will punish the guilty by awarding jail term  but will not fetch your money back,

4.File a Recovery suit against the Company to recover the amount with an application under Order 39 Rule 1 & 2 praying for direction upon the respondent restraining then in dealing with their properties and accessing  their  Bank account.
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

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