• Cheated me saying doubling the money

Hi all,
I live in bangalore and i was convinced by a TamilNadu guy that if I pay him money he will invest in land and double it in 1yr.. so I took Loan of 5lakhs and transferred it directly to his bank account.
Now he says that the person who he invested cheated him and is in prison, so he will not pay the money (he has his own property). Can I get at least my 5lakhs which I transferred to him? The oly proof I have is bank details.
If yes:
1) where should I longe a complaint.
2) it's been almost 1 yr so can I longe a complaint now
3) let me know how he can escape from this case, so that I will have all the documents ready.
4) how many years and money will I need to spend.

Thanks.
Asked 8 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

1) where should I longe a complaint.

Ans. Definately you will get the money. If police do not co-operate then file a civil suit and initial stage itself get the properties attached. (Attachement before Judgment)

2) it's been almost 1 yr so can I longe a complaint now

Ans: Recovery of money suit can be made within three

3) let me know how he can escape from this case, so that I will have all the documents ready.

Ans: Just file the suit for recovery of money, before that get all the details of properties standing in his name

4) how many years and money will I need to spend.

Ans: I may take 1-2 years and you have to 10 percent towards Court Stamp Duty and miscellaneous expenses which are recoverable.

Advocate fee is separate. You have strong evidence of bank loan and transfer to his account. Rest assured. Go ahead

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. You have no agreement executed by and between you two to bind him legally.

2. Only evidence you have is the bank record evidencing that you have transferred the said amount in his account.

3. First lodge a police complaint against him for cheating you alleging that he has taken loan of the said amount from you citing personal emergency with the assurance of returning it to you with interest at current bank rate with in 6 months which he is refusing now.

4. Never ever utter a word about the actual purpose of the said payment being investment on land.

5. You can thereafter file a Money Suit praying for a direction upon the said person refund the said amount to you with in next 6 months with appropriate interest, damage and cost.

6. Engage a local lawyer having expertise in this field.

7. The total expenses will depend on the lawyer you shall hire and may be with in Rs.60K.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Issue borrower legal notice to refund your money with interest

2) if he refuses file police complaint of cheating against the borrower

3) also file summary suit to recover your money with interest

4) if defendant does not contest the suit you would get decree in a year time

5) if he contests suit may take some years to be disposed of

6) criminal proceedings take years to be disposed of

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. You may file a criminal complaint for cheating and criminal breach of trust under Section 406 and 420 IPC against him.

2. A civil suit for recovery of money to claim the principal amount with interest can also be filed by you.

3. The statement of accounts can be relied on by you to prove the remittance of money to him.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Client,

Instead of going in a lengthy procedure, File FIR for cheating. Fast recovery. AS much time, u will take, issue will get diluted.

AND it is advisable to get the complaint drafted by some advocate.

Yogendra Singh Rajawat
Advocate, Jaipur
23080 Answers
31 Consultations

1. It is one kind of Cheating via Internet. So, you need to complaint with Cyber Crime Wing ( Chennai, Veppery branch ). It is on the 1st floor of the Commissioner office, Chennai.

2. Your need to complaint u/s 420,405,406 of IPC and u/s 66 of IT act.

3. You are very well can lodge police complaint against him even now.

4. He can not escape from the case. Cyber crime can trace him, even if he try to escape.

5. Filing summary suit Or recovery suit against the person would take beyond 1 year. So, prefer making the police complaint against him for faster recovery of money.

6. If it is only for filing police complaint then only advocate fee, traveling expenses and follow-up cost would be involved.

** You may get back to me, Since I involve in these kind of recovery cases with Cyber crime officials.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Hi

I would suggest you to file a criminal complaint against him for doing fraud with you.

File a complaint under 420IPC. This complaint should force him to pay your money back. You need proof that you gave him money and you have bank details for that. So you can initiate the process now.

Also you can file a recovery suit for your money.

How much money it will take depends on how much your lawyer asks from you and it will take some time to get you some result.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Approach the Police and lodge a FIR in the instant matter.

Send a legal notice for recovery of your dues. If the legal notice is not complied with, file a summary suit for recovery of your dues.

Yes, a complaint can still be lodged.

Recovery suit can take anything between 2-3 years.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The greediness and shortcut to become rich overnight will end up in such desparations or disappointments only.

Can you not understand the frauds involved in such promises, in the present trend, in a normal circumstance, the amount invested anywhere will not become double even after 10 years if invested in genuine investments.

Getting double the amount you have given within one year is nothing but a blatant act of fraud.

It will not be possible even in any wild imagination.

Well the option before you is that yo can file a money recovery suit against him in a civil court to recover the amount you had given to him vide bank transaction.

No criminal complaint is maintainable and the police will eat from you from their side, wherein even after the matter dragged on endlessly, shall not fetch you the desired result.

You can consult a local lawyer and first issue him a legal demand notice demanding the amount you have given to him vide the said transaction, let him give a reply after which you can think of initiating further legal action on this.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. though there has been a delay in lodging the same still you can lodge a complaint.

2. It will be lodged at the place where the cause of action accrued, i.e., at the place where the other person is residing or where he has invested the money.

3. Since he has invested the money further and that particular person is already behind the bar therefore it will be difficult for you to get the money.

4. 2-3 years and money will depend on the lawyer's fee.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer