Filing Court case under Sections 405 and Sections 420
I am an academician and our passion is to own and show German Shepherd Dogs. We have plans to start our own kennel. With this aim we invested Rs50,000/- with a breeder from Assam, but now setteled in Ahmedabad Gujrat. We agreed on some terms and conditions via email. Under agreed conditions the breeder was supposed to send us some ownership papers of a dog, which we decided to own jointly, and also share the profits of breeding of that female dog which we own jointly.
We made online payment to his account on, 2nd January 2015, and the female dog gave birth to pups in February. But since then our partner has not followed up on the commitments he agreed to whlle taking the money.
He did not send the registration papers of the dog which he promised and also have been delaying payment of our share by making false promise one after another. He also kept possession of a pup which is our property under the agreed terms and conditions. I have the SMS where he has confessed that the pups are with him..
On 14th Sepetember 2015, he sent SMS saying that he has sent some one to deposit RS30,000/- in my bank account. But the money was never recived in our account. I informed him via SMS. He said he is in hospital, and kept promsing to do the need ful (I have the SMS copies). But later on he said the check was rejected by the bank (I have SMS copy), and that he will return or full Rs50,000/- as soon as possible.
He had stated death in his family as the reason for his failure to meet the committment. We cooprated with him. But he kept on promising and delaying our dues. Until Decmber 2015, he had made atleast 15 SMS saying he will return our money and end patnership. I have the SMS copies.
Finally on 10t December, 2015, he agreed to our offer to return our money before 31st January 2016. I have SMS copy of that. Till today there is no follow up.
So after 31st January, can i file an FIR against him under Section 405 of criminal breach of trust and of cheating Section 420