Case registered for cheating to get back money
18-Jan-2023 (In Criminal Law)
Section 420 of the Indian Penal Code (IPC) deals with cheating and dishonestly inducing the delivery of property. If a case is registered against a person under this section and the court finds the accused guilty, they may be punished with imprisonment for a term of up to seven years and a fine.
If a person has been cheated out of their money, in an online transaction, filing a case under Section 420 IPC is one of the legal remedies available to them. It is worthwhile to know that filing a criminal case may not always result in the recovery of the money. The victim may need to take additional legal action such as filing a civil suit to recover their money within three years from the date when the money becomes payable. Such a suit is a summary suit (under Order 37, Code of Civil Procedure) which offers quick redressal wherein the defendant is not required to defend as a matter of right.
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In a cheating case, the guy goes to jail. Cheating case cannot be compromised in courts as 420 IPC is not compoundable.
So you need to file a civil suit for recovery of your money.
Generally, accused pays up the money before the trial starts in order to avoid going to jail. So you need to ensure that the trial has commenced at the very earliest.
Here are some key points regarding cheating cases related to money and Section 420 of the IPC:
- Section 420 IPC: Section 420 of the IPC deals with the offense of cheating and dishonestly inducing delivery of property. It can be invoked when someone cheats another person with the intent to dishonestly induce the delivery of property or money.
- Punishment: If a person is found guilty under Section 420, they can be punished with imprisonment, which may extend to seven years, along with a fine.
- Filing a Complaint: If you believe you have been a victim of cheating for money, you can file a complaint with the police against the alleged offender. Provide all relevant details and evidence to support your case.
- Investigation: Once a complaint is filed, the police will investigate the matter. They may gather evidence, interview witnesses, and take statements.
- FIR and Chargesheet: If the police find sufficient evidence, they may file an FIR (First Information Report) against the accused. Subsequently, a chargesheet may be prepared and submitted to the court.
- Court Proceedings: The case will then proceed in the court of law. The accused will have the opportunity to present their defense, and the court will evaluate the evidence and arguments.
- Plea Bargain: In some cases, parties involved may opt for a plea bargain, where the accused agrees to compensate the victim in exchange for a reduced sentence or withdrawal of charges.
- Recovery of Money: If the court finds the accused guilty, it may order the accused to compensate the victim by returning the money or property involved in the cheating. One can also file a civil suit for recovery, depending upon the facts and circumstances of the case. It is thus important to hire a lawyer who will guide you after understanding your case details.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Attunuri SRINIVASA Reddy
Sir my name is attunuri SRINIVASA Reddy
Principal sri chaitanya jr college Bowrampet Hyderabad. I have 2 crore outdated promissory notes from 2009 to 2013 . Any help
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