Help required to registered a cheating case.
Sachin Bhardwaj
(Querist) 29 December 2017
This query is : Resolved
Resident of Ghaziabad has borrowed 500000 lac Rs. to me in 2014 out of which 420000 i have transffered him through RTGS rest give him by cash.
He left away the home in 2016 and changed all his contact details except his permanent residence ,now he return back to his home and living together with changed identity.
when i asked for the money to his parents and him they refuse me to give, I request you to kindly help me to lodge a cheating FIR against Him.
and they have a nexus with local police and nobody is ready to register a FIR against him, please help me madam
I approached to concerned police station and he simply refuse me to lodge FIR and said that are you asked me before giving money to Him.
Please help me Sir/Madam
Vijay Raj Mahajan
(Expert) 29 December 2017
Your English is so wonderful that I'm unable to understand what you are saying. You want help in registering FIR against the person and recover the money, both these are two different issues, the former is for initiating criminal proceedings against him for getting him punished for offence of cheating, misappropriation of funds etc. while the later is for recovery of money through civil court proceedings. The civil court proceedings against him can be filled within 3 years from the time the amount becomes due from him and in this case, no exact time/date/moth mentioned or documented evidence exists when money was given and when it was promised to be returned, to determine if the 3 years period is existing or is over that has to be ascertained before civil summary suit for the recovery of the money filled in the civil court by you.
You need to engage lawyer for both the process to be carried out, free legal advice here in this forum will not be sufficient for bringing any result.
Sankaranarayanan
(Expert) 29 December 2017
I do endorse with Mr Mahajan, only seek a local lawyer and discuss and act accordingly
Guest
(Expert) 29 December 2017
Only some local lawyer can help you to register a cheating case, as no one possess such a remote control through which he can help. So, contact some local lawyer for your help.
Ms.Usha Kapoor
(Expert) 30 December 2017
You file An FIR against the cheater in the local pole station and if they refuse- file criminal writ of Mandamus in Highcourt against the police including the commissioner of police raising all your allegations and thus seek directions from the Highcourt to the .police to take FIR on register or register cheating case u/s 420 against the cheater and expedite investigation.
Ms.Usha Kapoor
(Expert) 30 December 2017
(f you appreciate my answer please give me likes.
P. Venu
(Expert) 30 December 2017
The facts posted do not suggest a criminal action. A civil action could be possible depending upon the evidence and the constraint of limitation.
Sachin Bhardwaj
(Querist) 30 December 2017
@Vijay Raj Sir i just want to convey entire case on this portal with a few amount of words, but unfortunately my bad writing skills and grammatical errors make my statements little complicated to understand. Sorry for that sir & thanks for your valuable inputs.
Sachin Bhardwaj
(Querist) 30 December 2017
@Ms. Usha Kapoor Madam Thanks for your valuable input........
Madam person who borrowed money is capable(Economically) to return my amount but he doesn't want to do so, because he has nexus with local police. Currently my aim is not to get my money Back i just want to make him punished by law.
Kumar Doab
(Expert) 30 December 2017
Which is this ID that has been changed?
What is the change?
If address is changed and new address in duly informed/updated then what wrong you are pointing out?
Kumar Doab
(Expert) 30 December 2017
You are right that person should have willingness to repay/return.
From the draft of your query and inability to act on your own, it is felt that it shall be better to approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/criminal matters and having a successful track record.
Dr J C Vashista
(Expert) 01 January 2018
Contact, consult and engage a local lawyer for drafting and submission of an application (complaint) to your area SHO followed by complaint to his (SHO's) higher police authorities and filing a criminal complaint case before area Magistrate under Section 200 read with Section 156(3)Cr PC .
Dr J C Vashista
(Expert) 01 January 2018
I do not expect any "like" or "dislike" button to be pressed for my opinion / advise.
However, do not oblige any impersonating and fake "expert" as you might have noticed hereinabove.
Kumar Doab
(Expert) 02 January 2018
Your own senior LOCAL counsel(s) of unshakable repute and integrity specializing in such/civil matters and having a successful track record in such matters…………can chose sections, citations etc etc per facts, record, merits of the matter and help and counsel you.
Other Perspective; involve shrude negotiators that you may find amongst your own elders of the family. Well wishers, acquaintances, community leaders, influential persons, even counsels……………and close the matter by negotiations………………The debtor may ask to give up say; interest …………..and IT si entirely upto you to accept or not…………..
If debtor is unwilling to pay anything then you may approach court as per advice of your OWN counsel(s) in time, and avoid limitation staring t you.
In future learn to protect your Principle ( Asal, Asla, Mool) than falling for Interest ( Byaaj)…
