Legal Question in Criminal Law in India

False case of criminal breach of trust

My sister in law had TRANSFERRED some shares 6 yrs ago to me towards hers dues & had also taken money and goods (car etc) via chq and cash from me and my family. The shares were duly transferred to my name by the company and all dividends etc have been received by me .She is now creating a story saying that she had TRANSFERED them to me as I needed to buy some property and had promised to return the money after 5 to 6 yrs and that if I do not return the shares , she will put me in jail under CRIMINAL breach of trust . She has also sent me a notice to this effect . There was no such verbal understanding nor agreement etc to what she is claiming now. I have been able to collect some old records of her dues too to support my case. (Incidently my sister in law has been dismissed from her bank for fraud and the court has passed a decree aganist her .( Note: She is not an undeducated lady where she would blindly TRANSFER her shares. & not take a promissory note or some sort of surety etc ). Can I go in for recall of summons process in the metropolitan court & what proof I need collect & I want to sue her for false implication & tactics to extort money from me & on grounds can my husband appear on behalf of me to curtail her nuisance


Asked on 10/01/07, 3:52 am

4 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: False case of criminal breach of trust

Option of recall of process is no more available as Mathew's ruling was over ruled. If it is a warrant trial, you may consider applying for discharge. Alternatively, you can approach Sessions Court and thereafter High Court.

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Answered on 10/02/07, 1:51 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: False case of criminal breach of trust

You have got a good case and stronger side as well. The documents which you have are enough to take her to the court of law and so the summons as well.

Please contact in persons as your details need to be examined.

Professional charges are applicable.

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Answered on 10/01/07, 5:29 am

Re: False case of criminal breach of trust

There is no wrong on your part and the company had also duly transfered the share in your name.since you have proof of transaction etc. so there is no reason to get afraid.let your sister-in-law initiate the proceeding then put your case and get her case dismissed.since she has not initiated any proceeding against you so there is no reason on your part to initiate any proceeding for false implication.

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Answered on 10/01/07, 12:32 pm
Alok Sharma Alok Sharma & Associates

Re: False case of criminal breach of trust

6 years is a very long period. Rights extinguishes if there were any with the passage. In your case shares stand transferred six years ago. Need not worry. Nothing serious. She only has nuisance value.

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Answered on 10/01/07, 1:09 pm


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