Legal Question in Criminal Law in India

problem with our advocate

Hi,

I live in Coimbatore and my advocate at Devakottai was handling my land partition case that I filed against my father.

1 year back, I gave a demand draft for 4.5 lakhs to him for paying the mound amount for the civil suit. But he didnt pay it so far to the court and he swindled the entire money and he kept me in darkness saying that he already paid 4.5 lakhs to the court. Recently I went to the court and requested the case details and found that he had not paid the money. He had filed the civil case by reducing the worth of the property and had paid only 750 rupees as mound amount. (whereas he got 4.5 lakhs for mound amount) I sent a legal notice through a lawyer for which he replied that I gave him the 4.5 lakhs for his paint shop business and everything went into a loss. I tried calling him through phone, but he ran away and is now missing.

Where should I file a criminal case on him for cheating?

should I file at Devakottai (where he was a lawyer)?

or should I file at Coimbatore (from where I sent the demand draft)?

Should I also inform CBCID and Tamilnadu State Bar Council?


Asked on 2/19/07, 8:22 pm

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: problem with our advocate

you can file criminal as well as civil case against the lawyer.

criminal complaint can be registered at the place where transaction took place so register it where u gave him money or draft

u can file it under 420 and 406 IPC

you can also lodge complaint in the bar association.

otherwise you can visit and contact me at my contact nos.

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Answered on 2/26/07, 1:10 pm
mrugank patnaik msnp

Re: problem with our advocate

you can file criminal case atdevakottai.where cause of action aroused.i.e.criminal breach of trust under section406 of Indian penal code.

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Answered on 2/20/07, 8:55 am

Re: problem with our advocate

you can file the complaint with police of the place where you reside and if it is civil suit then it can be filed at both the places.You can also lodge complaint against the lawyer for his misconduct and cheating with BAR COUNCIL OF INDIA and ALSO WITH TAMIL NADU STATE BAR COUNCIL.

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Answered on 2/20/07, 12:07 pm


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