Money cheating/fraud by a friend,we have proof's,How to file a case ?

In Recovery Law
My friend got cheated for 70 Lakhs from a temple priest in Rajahmundry who was also our friend. Most of the transactions are direct deposits but there are good enough transactions for booking, cancelling flights and hotels for his various temple visits across the country. We have all the bank statements, proofs about almost all the transactions. The guy who cheated ran away knowing that he was caught as my friend repeatedly asked for money, he is not even reachable on phone. We have his details , family details and address. They are all staying close to the temple he served. Is it possible to file a cheating case and get the money back at all ? How can we file a cheating/fraud case and send a notice immediately to get the money back ? Thank you !

Answers (2)

395 votes

Cheating has been made a punishable offence under section 420 of the Indian Penal Code. It states that whoever cheats another person and thereby dishonesty induces any person so deceived to deliver any property commits an offence under this section. The section punishes such a person with an imprisonment of a term which may extend to seven years and shall also be liable to fine.

How to file a complaint?

Before filing the complaint, the person shall send a notice to the accused and give them the time of 15 days to respond. If the accused does not respond, the person shall proceed with the complaint.

To file a complaint under section 420 of the Indian Penal Code you may approach the nearest police station that has authority over the area where the crime was committed. You can then ask them to register a First Information Report (FIR) against the accused and provide them with all the proofs regarding the case which are to be retained by you for later use. The proof would include any written conversation between you and the accused regarding the transaction, proof of transactions such as bank statements, call recordings of the accused accepting taking money from you, etc.

In case the police refuse to register your FIR, you can directly approach the Superintendent of Police or other higher rank officers such as Deputy Inspector General and Inspector General and if they find merit in your case, they will either personally investigate your case or would direct a team to look into the matter.

What happens after an FIR has been registered?

Once your FIR is registered, the police will conduct an investigation based on the FIR, which may also include arrests of the accused. The offence under section 420 is a cognizable and non-bailable offence, which means that the police can make an arrest in such cases without a warrant. After the investigation is complete the police will record all the findings of their investigation and would make a charge sheet which will be submitted in the court. The charge sheet will state whether a case is made out against the accused and if substantial proof regarding the same has been found in the investigation or not.

You can also file a detailed criminal complaint against the accused stating all the facts of the case. It is recommended to have an experienced criminal lawyer with you during this step. He can guide you with the court procedure and can also draft and file the criminal complaint on your behalf.

How can a lawyer help you?

A case such as that of cheating is a complex issue to deal with in a country like India where there is a huge pile of criminal cases pending in the court of law. Criminal procedure in India involves various steps which would require you to deal with the police at numerous stages and would also involve going to court. This is why it is essential to have a criminal lawyer to help you through the procedure and to guide you with the best possible way to resolve the criminal issue. An experienced lawyer who is an expert in handling criminal cases can help you draft an effective complaint which can hold your case in the court on solid grounds and can also represent you in the court to ensure the best possible outcome for your case.

What happens if the issue is not resolved timely?

A criminal case in India is time-bound under the Limitation Act. In case the criminal complaint is not filed within a reasonable time after the occurrence of the offence, the court may not entertain your complaint and you may not even get a chance to ask for justice. Thus, it is of utmost importance that timely action is taken to resolve the criminal issue and therefore, it is advisable to take the help of a good criminal lawyer to help you through your criminal case.

323 votes

you have to approach the police with a complaint referring to all the things which has happened and how the person has cheated you. if the police refuses to file a FIR then they will provide you with a DD number of your complaint. in the mean time if they do not take any action then you may file a complaint with the DCP of your concerned area. in case still no action taken then you may approach the court with a Criminal Complaint under section 200 Cr. Pc and 156(3) for registration of FIR.

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