How to file cheating case against an absconding person

198 votes

Cheating is a cognizable and non-bailable offence under section 420 of the IPC. If a complaint is lodged against any person under this section, the police can arrest the criminal offender even without an arrest warrant.
 

How to File a Complaint?

The victim must, as soon as possible, try to lodge an FIR in a police station having jurisdiction over the area where the crime was committed.   An FIR (First Information Report) is a document that initiates criminal proceedings to punish the guilty. It can be lodged by the victim, a witness to the incident or anyone having the knowledge of the incident. An FIR must be lodged in the least possible time for stringent and prompt action to be taken. The process for filing an FIR is defined under section 154 of the Criminal Procedure Code, 1973.
 

What happens after a Complaint is lodged?

After the registration of FIR, an investigation is carried out by the police which may also include the arrest of the criminal offender. The police then records all the findings of their investigation in a charge-sheet which is to be submitted in the Court, after the investigation is complete.
 
The charge-sheet will state if a case is made against the accused or not and also if any substantial proof about the commission of crime has been found during the investigation or not.

As per the facts stated by you, the person who committed the offence can be charged under two sections of the IPC, which are as follows:
 

Section 420 of the IPC

Section 420 of the Indian Penal Code, 1860 talks about the offence which is committed by a person who cheats another person and thereby induces the deceived to deliver any property. This section also provides for punishment to the accused.

The essential elements of this provision are:

• Cheating and dishonest inducing;

• Delivery of any property to any person or, altering, making or converting valuable security; or

• To deliver anything sealed or signed which can be converted into a valuable security.
   

A person is liable to be punished under this section if any of the above mentioned essentials are fulfilled by him. The punishment for an offence committed under this section can be imprisonment for 7 years or fine, or both. However, the Court can award the accused with a punishment only after a fair trial of the case is conducted. The accused is kept in judicial or police custody while the trial of the case is going on.
 

Section 406 of the IPC

Another section, in accordance to which a complaint can be filed against the accused, is section 406 of the IPC that deals with the punishment awarded to the criminal for committing an offence of Criminal Breach of Trust under section 405 of the IPC.

Section 405 of the IPC states that: “When any person putting their trust on someone for transferring the possession of some property to someone and that person thereafter breaches the trust of the person by retaining the property, then any such type of activity is known as criminal breach of trust.”

Furthermore, to constitute the offence of Criminal Breach of Trust under this section, it must be proved that the accused was entrusted with some property of another person and the accused thereby converted it to his/her own use with malafide intentions.
 
Section 406 of the IPC lays down a punishment of imprisonment extending to three years, or fine, or both, for any person committing the crime of criminal breach of trust under section 405 of the IPC.

Apart from all the charges and the filing of the FIR, a proof of the transfer of property to the accused by the victim or any other person related to him/her is of utmost importance. The proof can be anything like a written receipt, bank statement, etc. It is quite difficult to prove charges on the accused in the absence of any proof. However, a lawyer can help you with the case by guiding and advising you about what needs to be done so as to yield desired results.
 

How can a Lawyer help you in Filing a case against the Accused?

In cases like these, it is a challenging task to prove the charges against the accused and do what is required, therefore, it is suggestable to hire a competent criminal lawyer who can help in brilliantly proving charges against the accused. An experienced criminal lawyer has knowledge and expertise in handling cases like this and can help you in the best possible manner.

LawRato LawRato

983 votes

U can file a complain in police station under sec. 420 , 406 of Indian penal code. If police not Register the FIR then u go to court file a criminal enquiry & get direction to file a complain against police.

Advocate Nilesh Vekaria LawRato

722 votes

Yes, you all of together can file the FIR in your local police station. The FIR will be IPC U/s 420,417
The matter of prosecution is a subject matter of court. Once the FIR will registered in local police station then Police will search,detain and arrest. He will be presented to court within 24 hours in court(Excluding the public Holidays).
I suggest you group of people give the complain in writing to the Local police station.
If Local police station will not file your FIR then you can approach police commissioner of your town.

LawRato LawRato

912 votes

U have to proof that amount gv to that person in ur account or in any statement any witness who is present there collect all persons who is giving money to him than made a application of complaint and give ssp of ur area for registered a FIR. IF they are not registered then there is another way

LawRato LawRato