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SANJAY SINGH   05 October 2023

Seeking remedy

In Mid 2016 (before demonetization), I intended to purchase a plot in my home town Darbhanga, Bihar. My wife, her  mother  her brother and her maternal uncles hatched a plan/conspiracy to cheat me but I believed in her maternal uncles saying as that time I was in Ghaziabad. she and her brother through maternal uncles convinced me that send the money in bank account of her brother and father and then they would withdraw the money and give the amount to the seller as the seller wants money in cash . They said that you are in Ghaziabad then how could you give money in cash?   They said after payment you come to Darbhanga, Bihar and then you can get the plot registered in your name. I transferred the amount totalling to Rs. 14,10,0000/-. After transfer of money her mother got that plot registered in her name in October 2016.  Later I come to know this thing. But I could not do anything. After this they assured me that plot will be transferred in your name. You don't worry.  After this she and her brother again pressarized me for money to start business in 2017 , they told me after starting of business you will get both your money and plot returned . they  threatened me that if you do not transfer the money , you will not get your plot returned and you will face dire consequences of cases.of dowry etc.  As I am in Govt. Service I was scared and then again more than Rs. 7 lacs was transferred. I  filed  in May 2023 a letter to the SSP Darbhanga to lodge the case u/s 420 of IPC but I think FIR has not been registered. Can I file a civil suit for getting the aforesaid plot and can i get stay order on that plot for not to be sold out. Kindly advice me. what to do?



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     06 October 2023

The plot is not on your name hence you cannot recover the same through civil suit also.

You can claim your money but that is also bared by lmitation because it is more than three years ago  that you had given that money.

However you issue a legal notice demanding them to return the same, and if they ackbnowledge the amount, then the limitaiton will afesh from the date of acknolwedgment after which you can file a suit for recovery and can also seek attachment before judgment of the property as security for the money.

You can give pressure through police also 

SANJAY SINGH   06 October 2023

It is sure that they will not reply of legal notice. If she is not filing written statement then how can I hope for that. Please advise me as to  how to get FIR registered as for the criminal matter u/s 420 of IPC, limitation is for 7 years or more. kindly suggest me in this regard.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 October 2023

Section 420 of the Indian Penal Code (IPC) deals with the offense of cheating and dishonestly inducing delivery of property or valuable security. If you believe you have been a victim of such an offense, here are the steps to file a case under Section 420:

  1. Lodge an FIR (First Information Report):

    • You can approach your local police station and file an FIR against the accused. Provide all relevant details, including the nature of cheating, evidence, and the identity of the person involved.
    • If the police refuse to register an FIR, you can move to step 2.
  2. Application under Section 200 of the Code of Criminal Procedure (Cr.PC):

    • If the police do not register an FIR, you can directly file a private complaint with the magistrate under Section 200 of the Cr.PC.
    • The magistrate will examine your complaint and decide whether to initiate criminal proceedings.
  3.  

anubhav Bhatt   08 October 2023

Deat Sanjay, In that situation, you have nothing to file civil case except Money Recovery Suit before Darbhanga,Bihar or you may also file in Ghaziabad due to part cause of Action held so and now come to Criminal Case in such a circumstance yes you should file/lodge a First Information Report directly to the Police Station under section 419,420 and 406 IPC if that will not lodged then approach Court therein you should file an 156(3) Cr.P.C. Application for more clarification you may contact us then I'll explain properly.

Adv Anurag Bhatt
Allahabad High Court
Mobile 9198889990.

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