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Saurabh Gupta   05 April 2024

Can i opt ipc 420 / cyber crime / 138 ni act altogether

Hello Team of experts,

I am in delima these days, where fraudsters are roaming freely, and the complainant is feared out to go to police. Since it has been seen in below incidence, like complainant is seem worried about if police exists or not, since it seems to him doors are closed. 

 

Let me share an incidence, if anyone can help out would be appreciate. On 14th Jan2024, A person has entered into transaction with Property Dealer and made payments through cheque and online. That dealer has received the payment in his account and assured that he will give the property to complainant from owner. But later on many follow ups, dealer not provided the property. Later when complainant visited the property he got to know from owner, he don't knew the dealer, his dealer is different. 

On 22nd Feb 2024, when complainant asked his money from dealer on incidence, dealer provided him cheque instantly and said take your money. 

Two times dealer made dishonored the cheque and cheque returned with memo showing insufficient funds.

When complainant visits his property, he left out that property and shifted on new place. Complainant visited that property where dealer assures to return the money after few days. But till date it never happened. 

Complainant visited the police station, where police did n't lodged the FIR of 420, which is certainly visible delaer malafide intention, inducing the person over tangible property and retaining the money, like dishonoring the cheque intentionally so that he can go only to 138 of NI act and not been able to file 420 case. 

Whenever complainant visit police station or dealer, he gets new date. As of now, what should he do? Police told him, go in 138 section only.

Complainant also done background research where he founds the dealer is not using any identification of his name in any the records like paper, mobile and office.  Dealer is using other person names to whom complaintnat never meets.

So, complainant thinking even if he go into 138 of NI act, whether the dealer get caught or he refrain himseff sayng there is no relation to me in this. 

Complainant has recordings with him. can he use that in section 138 of NI act. is it be helpful for him.

Can cyber crime also comes into picture, since dealer is using different identities in his trade.

Can 420 be lodged over this.

Please advise. 

 

 



Learning

 3 Replies

Dr. J C Vashista (Advocate )     06 April 2024

If police do not register FIR, move complaint u/s 200 readwith 156(3) CrPC before area Magistrate.

Complaint Case u/s 138 of NI Act, 1881 is also maintainable and should be filed simultanously with 420 IPC as well as cyber cell and suit (civil) for recovery of the amount. 

Show the documents / records to a local prudent lawyer for proper analyses, professional advise and necessary proceeding.

Saurabh Gupta   06 April 2024

Thank you so much sir.

T. Kalaiselvan, Advocate (Advocate)     06 April 2024

Both the offences under section 420 and section 138 NI act can be included in the private criminal complaint to be filed under seciton 200 cr.p.c.

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