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About implementation of sec 420 / 406 under ipc


24-Jul-2023 (In Property Law)
A domestic flat sale agreement was made with someone on Sept'2017 by receiving an advance @20% of the total sale value, with a conditional schedule for balance payment in time to time. Purchasing Party had failed to maintain the said conditional payment schedule and made delayed for a long time. In spite of repeated reminders, phone calls and notices, no response had received so far. Then finally a cancellation notice has been served to the party by notifying the refundable amount (after deduction - interests, penalties). Now Party replied through his lawyer with threatening for charging u/s 420 / 406 as per IPC against seller. Is it possible or legal or justified to charge u/s 420 / 406 as per IPC against seller agaist the matter?????
Answers (1)

Answer #1
651 votes
Since you cannot stop anybody from lodging any criminal case, any case may be lodged either by the police or through the Judicial Magistrate; however, if such case is lodged, just be informed and get pre arrest bail urgently which will surely frustrate the complainant. However, now stating your all the steps that you have taken after the failure on the part of the intending purchaser, thereby terminating the contract, issue a detailed Lawyer's Letter and also inform him that you also would lodge a case under Section 420/406 IPC against him for his criminal conduct. All the best. Regards
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