Advise required
sachin
(Querist) 12 March 2015
This query is : Resolved
Hello All Gentleman,
I am living in Mumbai. I need advise for Cheating case happened with me. Case history is as below.
I was leaving in Thane on bachelor accommodation. I used to go for dinner in Mess regularly. In mess I met a person who belongs to My native district in Maharashtra Only. Then we became friends because of regular meetings in mess. Meanwhile I was in trouble in my personal life and professional life. Many times we met outside mess, like in any public place, tea stalls, hotels etc. We used to have discussion on phone about my personal troubles. He used to counsel and give moral boost to me. So I started to trust him. Later after resolving my professional, I got new job with salary hike. I shared this info with him and had celebration of the same by eating food outside mess. One day that friend offered me to buy a home for me in Mumbai. Since I had started trusting him, he asked me to make FD of certain amount in local Patsanstha ( Co-Operative Credit Society). That society belonged to that friends friend (who used to meet me outside the mess along with earlier friend). My earlier friend took cash from me filled form of society. After that I went outstation for my official work and came back after 4-5 month. I asked first friend to give me receipts of FD but he said he will give me money back. I agreed and waited for some months. But now that person has disappeared. I have kept all SMS of that person regarding our transactions. Also I tried to ask money to that Society owner friend but he is refusing o give back that money. I have kept his SMS in which he clearly agrees that he has taken money. Now I met police regarding matter, but police says that they are helpless because I do not have proof.
Now I am very much worried that my money will not be given back by that person.
Kindly help me to get out of this matter.
Thanks in advance.
Devajyoti Barman
(Expert) 12 March 2015
You are cheated of your money and you are cheated very badly.
Immediately lodge complaint with Police u/s 420 IPC.
If the police fails to act then move to Magistrate or even high court.
sachin
(Querist) 12 March 2015
Thank You Devajyoti Barmanji..
Police are saying that since,I do not have any written proof of money given, they will not lodge direct FIR against CPC420. So they have issued summons to that society owner. And after taking written reply from offender, police will go for NC.
My worry is that can I go for direct FIR, if I am not having any proofs of giving money?
ajay sethi
(Expert) 12 March 2015
you have paid money by cash . you dont have any receipt for cash payments made .money was advanced to third party . unless you have letter acknowledging receipt of cash payment made it would be difficult to prove your case . you can rely upon sms wherein thrid party admits receipt of cash payment from you . have you declared it in your income tax returns?
Rajendra K Goyal
(Expert) 12 March 2015
You should consult local lawyer and file cheating case in Magistrate court u/s 156(3) Cr PC.
sachin
(Querist) 12 March 2015
Dear Ajay SethiJi & Rajendra Goyaji,
Thank you for your valuable advise.
Ajayji,
I had sent a Register AD letter to third party for money reminder. He accepted that letter and sent acknowledgement of the same.
Will that be useful for evidence
