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Milton Manzil E
in Criminal Law
Asked August 21, 2017

Friend took money but has not returned

  • 1 Answer
  • 173 Views

My Name is Milton, I am working in Bangalore, My home town is Mettupalayam, Tamil Nadu. I had given 2 lakhs cash to one person when I went to my home town one year back. He said he will return the same with in a week at the time of receiving it. Till now he is telling the same and he has not returned the money. But there is no proof for the same. Let me know, shall I file a case against him from bangalore.

Answer 1

You can file an FIR against your friend who has breached your trust and cheated you. FIR is filed under sec 154 of CrPc 1973 and the relevant provisions for breach of trust and cheating are:

405. Criminal breach of trust.—Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”. 1[Explanation 2[1].—A person, being an employer 3[of an estab­lishment whether exempted under section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), or not] who deducts the employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.] 4[Explanation 2.—A person, being an employer, who deducts the employees’ contribution from the wages payable to the employee for credit to the Employees’ State Insurance Fund held and admin­istered by the Employees’ State Insurance Corporation established under the Employees’ State Insurance Act, 1948 (34 of 1948), shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.] 

 

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.

In case you had any contract with him of returning the money then you can go for civil remedy for breach of contract and get redressal under CPC, 1908 or Indian Contract Act 1872.

Agree Comment 0 Agrees over 3 years ago

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