Cheating
Rajesh Tandon
(Querist) 28 December 2013
This query is : Resolved
1. It is requested that experts from the lawyer club of India may kindly guide me.
2. I had a problem in my car which despite being shown repeatedly to the agency was not rectified. So I consulted a very close friend of mine Mr A who gave reference of somebody Mr B in another agency for his expert advice who was once upon a time his class fellow. I took advice of Mr B in examining my car. Thereafter the matter closed down.
3. Subsequently after 3 to 4 months Mr B approached me for some financial help mentioning that he was in dire straits and that he was in was in a lot of trouble. He required immediate financial help .He requested for financial help of Rs10,000/-(Rs Ten thousand). At the same time, he also requested that I should not make a mention of this to Mr A. Mr B, promised me that he would pay back the money next month. It was a Catch-22 situation for me since he was a friend of Mr A(a close friend of mine & a thorough gentlemen), yet he did not want his problem to be known to Mr A. With a heavy heart, I decided to help him out not knowing much about the character of Mr B.
4. Only thing which I did to my advantage was that I did not agree lending him money in cash. On some excuse I pretended to be busy in my work and transfered the money online to his account. For that matter, Mr B had sent the SMS to me about his account number and waiting to know my response as to if I would be transferring the money or not. This has been saved by me in my mobile.
5. I transferred the payment online on 19 June 2013. I have got the proof of the bank statement of account of 19 June 2013. Now it is going to the end of December 2013 and Mr B is not returning my money on some or other pretext.
6. It is a clear-cut case of cheating under IPC 415, illustration (f). However it is non-cognizable for which I need to lodge a complaint with Magistrate.
7. At the same time, I feel that he can also be booked under IPC 418 and 420. May I request the experts to kindly guide me as to if he can also be booked under IPC 418 and IPC 420 also. A clarification in respect of IPC for 420 is required since IPC 420 offers me a chance for lodging a FIR by virtue of the offence being cognizable but my doubt is whether the money transaction comes under the term inducing delivery of property (the language of IPC 420) i.e is money transaction included in the term property within the meaning of IPC 420?
V R SHROFF
(Expert) 28 December 2013
Your act of hiding from your friend, at the instructions of stranger deserves punishment.
Mr. B instructed u , not to tell ur friend Mr. A, clearly indicate his motive to cheat u.
At least tell him now, and know how many more persons Mr. B cheated.
you will get a bigger group and will know what they did to recover their money...
Knowing those facts will help u more , than trying to read IPC 415 to 420...
be practical, not theoretical.
Next time if someone tell you "pl do not disclose this matter" read in between the lines: that it smell cheating.. Do not part with your money.
To learn this lesson, you paid small fee of Rs. 10,000/- It is non returnable.
Trying to get it back will certainly cost you more.. than 10k + time+ loss of mental peace+ disturb more persons....
So divide your risk, join the group cheated by Mr. B, by informing Mr. A first.
Try to get PDC from Mr. B, and then prosecute, if u can.
Devajyoti Barman
(Expert) 29 December 2013
Are an advocate then.
Money is 'property'. So go ahead with case of cheating.
Rajesh Tandon
(Querist) 29 December 2013
Thx alot to the forum members for appropriately guiding me. Regards.
prabhakar singh
(Expert) 29 December 2013
Agree with Mr.V R SHROFF.
B might have cheated even A that is why he asked you not to mention A.
Rajendra K Goyal
(Expert) 29 December 2013
Agree with the experts.
You can Send a legal notice demanding your money. You have proof of lending to him.
T. Kalaiselvan, Advocate
(Expert) 29 December 2013
What is there to opine about such cheating, i.e., so long there are people to be cheated, the cheaters will be significantly present there, it is you who has got to be cautious.
