Legal Question in Criminal Law in India

sec 406 and 415-420 IPC

A Copmany name Dell had taken from my client Rs, 40000/- in advance to give two servers in 2007 after verifying all documents taken by them from my client which were found to be in order but they did not send the servers nor they have refunded the money till date although a notice was sent in this regard for full refund with interest and compensation.can I file case against Dell u/s 406 AND 415-420 IPC?


Asked on 3/21/08, 8:45 am

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: sec 406 and 415-420 IPC

Its better to seek remedy in consumer court.

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Answered on 3/22/08, 12:33 pm
Vivek Mapara Vivek N. Mapara

Re: sec 406 and 415-420 IPC

Normally people file 406 and 420 compliant together, but actually both provision are absolute contradicitory. Either you file complaint under sec 406 or either 420.

I prefer that you file compliant under section 420. But engage a good lawyer, who can draft your complaint properly, as the averment made by you must purely attract provision of 420.

Feel free to contact

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Answered on 3/21/08, 2:09 pm

Re: sec 406 and 415-420 IPC

It is not a case of cheating etc as stated by you.The case falls under consumer protection Act so approach the consumer court.

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Answered on 3/21/08, 5:31 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: sec 406 and 415-420 IPC

Yes pl proceed u/s 420IPC and also file a complaint in consumer court.

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Answered on 3/25/08, 11:34 am
Shrichand Nahar S.V.Nahar, Advocate

Re: sec 406 and 415-420 IPC

Every breach of a contract does not amount to an offence.

You need to check from all the facts and circumstances of the matter whether essential ingredients of offence are made out.

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Answered on 3/22/08, 1:28 am


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