you can file 138 Ni act. If an NBW has been issued, you may approach the court by making a representation to serve the NBW to the accused through the Indian Embassy in UK .
No representation in court
We have given X amount to and India holding a NRI status in 2016 on interest. For one Year they paid the interest on time. After a year they claimed thier business has suffered big losses and they will not be able to pay interest and return the principal amount in 4 equal instatment quarterly and according issued 4 Post dated cheques. On due of the first cheque they said need to wait and will give us new cheuqe of 15 % and 10 % against the first cehque . Again this commitment also failed. Finally after 1 year they said that there are not in a position to pay 100 % and can pay only 55 % settlement which also 11 % immediately and 44% after 120 days. This terms we have refused and we deposited the cehque of 25 % which was returned due to insufficient funds. We have sent a legal notice through a lawyer to the party but no reply has been received. Since being an NRI we have Come to know through some sources that the person has applied for British residency and once he gets that he will surrender is India passport. So it surely looks like that the delaying approach was on purpose and had no intention to pay. We would like to get advice how go ahead with this legally as once he flies out of the country I guess we have very little chance to re cover our money . Do we file a civil case? Fraud? As now Cheque bouncing cases are very common and take a long time to even get hearing .. do we file a FIR? Infact there are sevral people in the same situation like us with this party.
Asked 7 years ago in Criminal Law
Religion: Hindu
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9 Answers
Sir file a FIR for cheating , fraud , breach of trust on said person. Once FIR is registered he has apply for bail and in bail you can contest for condition that he should surrender his passport and not allowed to go out pending the case.
File FIR/criminal complaint
if the amount is sizeable enough i.e. 3 crores and above (for all victims) then you can also lodge complaint with Economic Offences Wing
Also file a summary suit in civil court - depending on the amount involved, it can be either be City Civil Court (if amount is under 1 cr) or high court (if amount is 1cr and above)
all victims can file a common criminal complaint/civil suit
Also write to the British Consulate in India about this person
Dear Client,
File cheque bounce case and criminal complain u/s 420 IPC simultaneous.
You can file cheque bounce case under section138 N. I. Act against him.
You can also lodge a criminal complaint with,local police
..
1) file FIR against fraudster for cheating under section 420 of IPC
2) also file summary suit under order XXXVII of code of civil procedure to recover your money with interest
3) also file complaint under section 138NI on account of dishonour of cheque
1. File proper petition before the British Embassy, about such cheater & fraudster person and request them not to grant him any residency.
2. File cheque bounce case u/s 138, immediately and move separate application before the court to restrict his abroad going movements.
3. File caveat before the passport & immigration authorities, informing them of pending criminal cases against this person.
4. File Police FIR against this person, for cheating & intimidation and pray for urgent investigation and filing of chargesheet.
Keep Smiling .... Hemant Agarwal
- As per the information mentioned in the present query, makes it clear that you need to do something as soon as possible otherwise things may go out of your reach.
- I advice you to file a cheque bounce case along with the evidence by way of an affidavit on the very first date of hearing, so that you may get shorter date.
- Try the to convince judge, as to issue necessary directions to the police to seize his passport, otherwise he may go abroad forever.
- As otherwise of you happen to file civil suit but not the 138 case then you may not get that direction for police to seize off his passport.
You can file cheque bouncing case against him or cheating case also. Even if he changes his residency he is liable for the Offence done during the earlier residency
