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Rajeev   28 November 2016

Case against fund transfer

Hello Sirs/Madams,

                My younger brothers friend asked me my bros bank a/c and my bank a/c to get money from from his friend who is in abroad and we gave and they transfered 8 lacs in each of our account and we gave that money to my bros friend who asked our account for fund transfer thisheld in 2012 and after an year he transfered a sum of money to our accounts without asking us so we scolded them not to send next time nd they stopped sending the money by next time.We did not know the one who send us the money.Later in 2015 september my  brothers friend absconded due to high debt fro friends and relations. At that time the person from abroad called us by phone and threatened to pay the money back. At that time he said that the person ran away has got money like this in his relative accounts also and so better u ask that person relative also to repay the money. i said the situtaion to him later he did not replied me anything. After 3 months that is in jan 2016 he filed an petition in our local SP office about this case. There the police called my bro and asked the reason behind it. my bro briefly wrote the letter stating the incident  and gave it to DSP there about the incident. But now in NOv 2016 that abconded person is arrested by police in another case in our near by capital city. Now the police asked my brother again about that old case for tht my brother told the police that if u ask the person who is arrested now will say the truth that we gave the money to himn and just we are meseengers of money unknowingly. But the police is not responding to my bro well and saying that they me arrest me and my brother in this case and they saying they they filed an FIR 6 months before itself and you guys are not coming and seeing us. What we should do sir. 

If they asked that arrested person he will defintely say the truth. Because he only got the miney from us and he is the one who asked us the bank account. We did not know the sender of money. we know only the receiver of money. But the sender makes big problem. We did not know the result and solve this issue. Please help us.



Learning

 13 Replies

Ms.Usha Kapoor (CEO)     28 November 2016

You apply for Anticiptory bail.Then engage  a detective agency/private investigators to nab the real culprits describing their details and they woud investigate and ultimately nab the real culprits who are behind this racket.True culprits will go to jail and  people like you will meet the fate  if all is well that ends well.Would you give me profile likes in exchange for free legal advice?

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     28 November 2016

You have to face the consequences of mindlessly cooperating with a person to get funds from abroad that too in lakhs of rupees . As per FEDAI rules as and when foreign inward remittance is received in any account and if such amount us USD 10,000 or its equivalent in other currencies, banks do not convert the amount unless specifically requested by the Customer.  You must have permitted the Bank when the amount was first time received because your friend asked you to receive. But when the amount was received second time, was it above USD 10,000-? If so whether you had again permitted bank to convert and credit to your account?

 

You have no choice but to engage a Lawyer and frace the consequences of your indescretion in allowing your account to be used by another person for laundering the money.  Minimum common sense should be used even  while you think you are helping a friend. Your Bank account Number, Pan Card Number, Adhar Card Number you should keep secret and should not be allowed to be utilised by anybody. 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     28 November 2016

Another point is that whether while paying the amount to your so called friend, you just withdrew the money in cash and handed over to him without any receipt? or Whether you have paid him by way of a cheque.  Even if you had issued a bearer cheque without signing on the reverse, your so called friend must have singned the same on the reverse while encashing such bearer cheque. Recall the details of your mode of payment, whether there were any witnesses while he was paid and if so scuh witness shall cooperate with you in the case to the extent of coming to Police Station and/or Court to give Witness. All these shall be relevant tomorrow when the episode becomes a case in a Court.

Adv Prashant (SELF PRACTICE )     28 November 2016

You indulge in money laundering under FEMA. Now you have to ready to contest a tragic criminal case. Be carefully search for an allrounder advocate who have expert knowledge in criminal as well as taxation matters.

Rajeev   28 November 2016

Dear Sir,

Thnaks for your reply. Actually fund came in INR from the indian bank accounts not in USD or any other accounts. Moreover if in court if the arrested person is called an asked about the truth he will say the truth that he only got the money from me. and he only used me unkonwingly.

Second time he did not asked me permision to send the money. He just sent and pleaded to take and give me the money. I warned him and took the money and gave to him. If Police asked that accused the details he will definitely say the truth in court.  

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     29 November 2016

All the best to you.

1 Like

Sudhir Kumar, Advocate (Advocate)     03 December 2016

you said

 

"But the police is not responding to my bro well and saying that they me arrest me and my brother in this case and they saying they they filed an FIR 6 months before itself and you guys are not coming and seeing us."

 

Rather they should have arrested you on first sight as it is you two who cooperated with the cheat to deceive a man abraod (besides crime under FEMA) .  You seem to be under false impression that no crime is done by you.

 

Rather crime is done by you and you alone.  The arrested person is just recipeint of your illgotten money (which you say).

 

Sudhir Kumar, Advocate (Advocate)     03 December 2016

"If they asked that arrested person he will defintely say the truth. Because he only got the miney from us"
 
In that case they have one witness against you.  He will testify that you received the money from complainant.  They can make him approveer witness and get both of you convicted.

 

 

Sudhir Kumar, Advocate (Advocate)     03 December 2016

"and he is the one who asked us the bank account."

But you are the one who received money from a person abroad in your account.  Your brother is the one who planned so. You are not returning the money as you never had intention of returning money to sender.  Your intention was to appropriate the money to third party (as you are confessing).

 

Sudhir Kumar, Advocate (Advocate)     03 December 2016

"We did not know the sender of money."

why on earth some should believe this story of you.  The persons knows you. H eknew your account No, Money came in your account and withdrawn by you.  You have so far been politely uestioned by the police.  During remand you will agree everything by sunrise. Police knows how to get truth out of you.

Sudhir Kumar, Advocate (Advocate)     03 December 2016

"we know only the receiver of money."

It is you who is receiver of money.  Police knows you are received from the complainant.  The complainant or police may not be running after a 3rd party.

 

Every thief parks his stolen goods with 3rd party.

Never expect that man to come forward and be a co-accused knowing vbery well that he cannot save you. 

He is arrested in another case not on this case. 

Sudhir Kumar, Advocate (Advocate)     03 December 2016

You have been advised to engage a detective agency.  Police as a detective agency has already nabbed the person named by you.

 

How the detective agency can wipe out the fact that money came in your account?  Not understood.

Sudhir Kumar, Advocate (Advocate)     03 December 2016

Better fall on feat and beg for mercy after returning the money.


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