Fraud case
anuj
(Querist) 10 September 2017
This query is : Resolved
I gave Rs 4 lakhs cash in April 2016 to a Govt Employee, he told he will give us home within 1 month. In October 2016 he gave us all above things in writing (with signature) on 100 Rs. Stamp Paper with one witness. Its been 1.5 years now, he is not picking our phone calls, giving false promises etc. He hasn't given us room uptil now.
Can FIR be filed against him in fraud case. Please advice us urgently.
Advocate Bhartesh goyal
(Expert) 10 September 2017
Yes,lodge FIR against that person u/s 420,406of IPC .It will not only create pressure on him but also adversly effect his job.
Adv. Yogen Kakade
(Expert) 11 September 2017
Agreement to sale on 100 rs. stamp paper is not a valid document. It cam merely act as a supporting evidence. You have an option of filing a civil suit for recovery.. and if you are willing to proceed for specific performance, then it is advisable for you approach a good lawyer. If you have made the payment by cheque to the other party then that shall be an advantage for you.
anuj
(Querist) 11 September 2017
Dear sir, there is no agreement of sale as such written on 100 Rs stamp paper. In stamp paper it is written that he has accepted Rs.4 Lakhs (in his handwriting) & it is his responsibility to give us house till Oct 2016.The entire payment was done in cash.
P. Venu
(Expert) 11 September 2017
No criminal action lies in the facts stated. You can file a civil suit. When decreed, the recovery could be effected by attachment of salary.
anuj
(Querist) 14 September 2017
Why cant FIR be filed since this is a case of Fraud?
Sudhir Kumar, Advocate 
(Expert) 03 November 2017
If he took the money by misrepresentation (i.e. not having any pan to give you house) the criminal action can technically lie but police will dub it as a civil matter.
If the govt employee has not reported this transaction to his deptt in one month then it is a professional misconduct.
Sudhir Kumar, Advocate
(Expert) 03 November 2017
You have chosen not to disclose what type of house he was supposed to give you and where in which capacity.
So a comprehensive view is not possible.
