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MOHAMED RAFI (Secretary)     09 April 2015

Advise needed regarding a cheating case

Dear Learned forum Members

I purchased a new commercial vehicle through bank loan and leased the vehicle to a person with proper agreement that every month remittance shall be made to my loan account for  X period of time .

The person paid some three installments in the beginning and started defaulting.

He never attends my call nor acknowledges my notice as the notice is returned as door locked.

I lodged a police complaint and he was summoned to Police station and he requested me for some time and gave a undertaking to the police station that dues will be cleared and there will be no further default.

And gain after one month he started defaulting and was once again summoned to Police station based on my complaint  he was summoned to police station and once again he gave a written undertaking that pending dues will be cleared within that month.

But he did not and after two months paid one installment which resulted in some 38000 remaining unpaid to the bank on my behalf.

Also he had given a cheque of certain value as security deposit and on his default  -second time -when I presented the cheque it came back with a endorsement of insuffeicent fund.

He is not  clearing the dues but also is not returning  the vehicle and has hidden the vehicle and  his mobile is switched off .

Again i approached the police station  and he AGAIN  who initially refused to register  FIR as I found that they were influenced by the opposite party with the help of some local politicians.

After I approached the Jurisdictional DCP of Police  with my grievances the police have now registered a FIR under section 420 and 403 IPC .

Request the Honourable forum members  advise  on how to recover the vehicle and dues and further steps to be taken as early as possible as I have a travel plan abroad.

Thank you



Learning

 5 Replies

Adv k . mahesh (advocate)     09 April 2015

once fir is filed then it is there duty to submit a chargesheet within a stipulated time and submit the report to the court and recover your belongings and keep on eqnuiry with the police station about the complaint status


(Guest)
In your case chances of police officials taking gratification from the accused is on the higher side and hence the police officials may try to delay the investigation process. My advice to you is to keep an eye on this institution by the way of R.T.I. act, make an application to the concern Information Officer asking him to provide the steps taken by the department within the period of one month after filing the F.I.R. this must help you.

mohamedrafi   11 April 2015

Thanks a lot.

Will attract 405 IPC also ?

Sudhir Kumar, Advocate (Advocate)     12 April 2015

when did the cheque bounce.

mohamedrafi   13 April 2015

Cheque bounced mor e than three months ago.


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