Legal Question in Criminal Law in India
Type Your Question Here...i made an purchase agreement for purchasing a land by giving 10 lakhs as advance during 2013. After 3 months i came to know the land is in dispute And also theother party filed a civil suit claiming the property title. Hence i demanded money . AFTER GIVING police complaint they repaid 4 lakhs and gave a undertaking for the bal payment 6 lakhs to be paid within 2 months attested by notary public.After the period to till they refused pay. I got the high court direction to file F.I.R.as my party tries to sell a encumbrance property. Police ALSO FILED F.I .R. under sec .420 IPC.After conducting investigations they are telling we can~t file chargesheet and remand them as
1. They paid partial payment so it does not constitute cheating.
2. As property suit is going on it does not fall under cheating.
in this suituation what can we do.pl clarify.
by,
S.BABURAJ
1 Answer from Attorneys
1) The party failed to fulfill his promise of 6 lacs now refusing to pay
is breach of promise and trust. Moreover, he is trying to sell the property.
2) Part payment is not disputed but failure and refusal to pay the remaining
amount and attempt to sell the same property is cheating.
3) File before the HC for bringing injunction order against the seller and direct
the police to register the case for the said acts.
4) Also u may implead urself in the civil suit after examining all documents.
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