- Raghu transferred 8L through ten installments of 10k on different times. This is not a single transaction.
- You transferred 3.5 L to his account. You might have lost money. If there is cheating/fraud/coercion why he did ten transfers.
- This is purely a joint business venture. In any business loss and profit are accepted.
- There is no cheating or fraud.
- There is no violation of any regulations of RBI.
- There is no possibility of any arrest by police as long as you joint the
- No need to take any AB as there is no offence committed by you. Any application of AB will raise doubt in the mind that you have committed some illegality.
- This is no any chance of misuse of SC/ST Act in these matters.
- 406 is offence of criminal breach trust. That is, misuse of money by accused given by complainant.
- You need not prove anything. You need only to disprove his allegation.
False allegations
Myself Kumar, myself and my friend invested in stock market and ended in loss and fight. My friend Raghu transferred Rs.8 lakh to my personal account 8 times 10000 lakh each time over 1.5 year. My personal money and my friend 8 lakh invested in my demat account. Intialy we got good returns. I have transferred 3.30 to his account over 1.5 year.( around 15 transaction) Unfortunately during Ukrainian war we lossed all the money. Now my friend forced all the responsibility on me and raised PCR in Honorable court stating I have TRANSFERRED HIS MONEY WITHOUT HIS KNOWLEDGE TO MY ACCOUNT - CYBER CRIME. But every transfer made by my friend on his own knowledge with proper bank otp. Now the PCR reached police station, the station SI given notice to attend enquiry.The mentioned IPC SECTION ARE 417, 419 & 420. I have given explanation and my bank account statement which shows there is multiple transaction of credit and debit between both of our account. Also SI mentioned from police station side they will send notice to Bank asking for whether the transition are happened as per rbi guidelines, is otp reached to registered mobile number etc. Based on it they will submit charge sheet to court. The SI given only notice & not arrested also he mentioned in future if any details require I should available for call and visit police station. My query are : 1. Is there any chance police might arrest me? 1. Do I need to take Anticipatory Bail till police submit charge sheet to court? 3. The complaint belongs to the Schedule Cast is there any special provision or benefit for him for this case ( no intention of any cast discrimination - only for the knowledge) 4. On end police mentioned this case will end under section 406 ! What does exactly means 5. Do I need to prove only that this transactions are happened mutually know ? Is there necessary to prove in this case I am responsible to pay balance amount or not? Thank you in advance for the valuable reply.
Asked 9 months ago in Criminal Law
Religion: Hindu
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9 Answers
Apply for and obtain anticipatory bail from sessions court
2) 406 means criminal breach of trust
3) burden of proof is upon prosecution to prove allegations made in complaint
Section 406 is for breach of trust.
If the police is making the case under this section then it will be easy to challenge the prosecution case because there's no agreement nor there was any mutual trust between you both hence the offence under this section will not be maintainable and you will be acquitted.
Whatever, you don't believe the soothing words of police, as a FIR has already been registered, to prevent being arrested you may file an application for anticipatory bail and be free from that worry and await the filing of charge sheet so that you can strategise the defence properly with the help of an experienced lawyer in the local.
1. Sinc e FIR is registered to avoid prospect of arrest you need to take bail immediately.
2. Yes
3. No
4. Leave that to Police. You without wasting further time apply for bail.
5. Yes, if it is established that no unauthorised transaction was done you would be acquitted after trial.
1. If you have given your reply of the complaint filed by your friend then there is least chances to lodge an FIR , and hence the police cannot arrest you
2. Only if there is an FIR then take anticipatory bail from the session Court.
3. Since, it is a financial matter then the caste will not considered
4. Least chances of FIR , if you have given the proofs to the police of the investment
5. If he has given this amount for the mutual fund investment , then in case of loss you are not responsible.
Since you have been accused under Sections 417, 419, and 420 IPC, which deal with cheating and fraud, and the matter is under police investigation, here’s a legal breakdown of your queries:
1. Can the police arrest you?
Since the police have issued only a notice under Section 41A CrPC (not an arrest warrant), they are currently investigating. However, if they find sufficient grounds, they may arrest you without a warrant since Section 420 IPC (cheating and dishonestly inducing delivery of property) is a cognizable and non-bailable offense.
2. Should you apply for Anticipatory Bail (AB)?
Yes, it is advisable to seek Anticipatory Bail under Section 438 CrPC. This will protect you from sudden arrest, especially since fraud and cybercrime allegations can escalate based on investigation findings.
3. Does the complainant being from a Scheduled Caste (SC) give him any special legal advantage?
If the SC/ST (Prevention of Atrocities) Act, 1989 is invoked, then the case becomes more serious, and bail could be harder to obtain. However, if the complaint is purely under Sections 417, 419, and 420 IPC, his caste does not provide any additional legal advantage.
4. What does the police mean by ‘this case will end under Section 406 IPC’?
Section 406 IPC (Criminal Breach of Trust) is different from cheating. It applies when someone entrusts you with property/money and you misappropriate it dishonestly. This means the police may drop fraud charges (420 IPC) and proceed under 406 IPC, which is still serious but comparatively easier to defend.
5. What do you need to prove?
You must establish that:
- The transactions were made with mutual consent and proper OTP verification.
- Your friend knowingly transferred money for investment, which was a voluntary business risk and not a fraudulent act by you.
- The profit and loss were shared mutually.
Since your case involves financial transactions, proper documentation and bank records are crucial. Consult a criminal lawyer immediately to prepare for Anticipatory Bail and present your case effectively. Let me know if you need a bail application draft or further legal strategy.
You first take anticipatory bail if FIR is filed against you. Without that don’t visit police station
Sir/Madam,
Based on the information provided by you, it can be said that as the police has already bowned you down, you may not be arrested tilI the time, you are co-operating in the investigation. You are suggested to read the judgment passed by Hon'ble Supreme Court in Armesh Kumar Vs. State of Bihar and make sure that police don't orvereach the jurisdiction to harass you.
And under those circumstances, you may not seek the Anticipatory Bail till police submit charge sheet to court. Since there is nothing regarding SC/AT Act till date, you are suggested to be careful but need not worry in this regard. Section 406 of IPC means criminal breach of trust, wherein you will be treated that you did not return the money entrusted to you. You are required to show your proof that it was not entrusted but a business transaction which ended in loss.
