• Cheating case

I have been cheated by a person claiming that he was the owner of the property and leased me a property. 
He gave me a cheque and stopped payment from bank.
he is not even refunding my advance amount.

I file a cheating case against him, but he brought anticipatory bail ad enjoying. 
police are asking for 20k bribe and not filing charge sheet from 2 months.

I am in lot of financial crises and in situation to commit suicide but my 3 year old son is the only reason 
that is stopping me from this. 

Please help me how to proceed with fast result.
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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14 Answers

1) wait for police investigations to be completed and charge sheet filed

2) if accused does not want to go to jail he would reach settlement with you and refund your money

3) file civil suit to recover your money with interest

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Hi

1. I suggest you get a legal notice drafted by a competent lawyer. That legal notice should be addressed to the Police Station in which you have lodged complaint against the person who cheated you

2. Mark a copy of that legal notice to the Commissioner of Police

3. Within a week or so after the notice is received by the Police station by registered post, you file a RTI Application to the Office of the Commissioner of Police seeking information on the status of your legal notice

4. Also mention in the legal notice that the police are illegally asking for a bribe from you for filing chargesheet

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Dear Client,

How much advance u have paid that cost more than your life, Foolishness over burdened.

Don`t give anything to police, file application in court u/s 210 - call for progress report, Police can`t delay much in filling Charge sheet,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir please keep patience it takes time but you will get justice.

Give a letter to investigation officer in police station marked to senior police officer SP/commissioner.

If no reply within stipulated time file an application before court to call record of case.

Further file a summary recovery suit to recover amount in the civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Please file a mandamus writ in the High Court for the harresment by the police and to get direction to the police to complete the investigation.as soon as possible.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Also file a case under section 138 of the NI Act in relation to the cheque that has been stopped by him.

If the police is not lodging the charge sheet then prefer a petition before the HC for expediting the investigation.

Do not let the negative thoughts peep into your mind, as you have plenty of legal options to explore. Though the same may take time but will give you justice in near future.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi

File a complaint case with all your details in court directly..

And make the complaint of police officials to the higher authorities.

Fight boldly . You will get justice.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

In this condition you should file a petition before the high court under section 482 of the code of criminal procedure for proper investigation in your case. The High Court has power to call the investigating officer to produce status report of Investigation. If the investigating officer with malafide intention deliberately causing delay in filing the charge sheet then the court will order  to file chargesheet within the stipulated time as fixed by the high court and  he may be prosecuted for the offence punishable under Prevention of Corruption Act.

If you have evidence that the investigating officer deliberately causing delay in filing the charge sheet then you  can also file an application before the  chief judicial magistrate under sub section 3 of section 156 of the code of criminal procedure to call status report of the investigation. The chief judicial magistrate said call the status report and if found can pass appropriate order to file chargesheet within stipulated time.

You have above mentioned two options therefore it is on your Liberty to choose any one of them.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1, Bribing the police would not help in your case but the law will .

2. So first lodge complaint with the Police. If the Police does not register FIR then file an application under section 156(3) crpc.

3. If after registration of FIR the police does not investigate the case properly then you can file writ petition before the high court against police inaction.

4. Once FIR under section 420 crpc is registered you can expect getting back your money.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You approach the jurisdiction magistrate file a private complaint under section 200 crpc making the allegations that you made before police. And seek courts direction to police to register the case and investigate the matter. Once court direction is given police is bound to investigate if they fail to you can run the case on your own providing evidence as a private complaint.

Alternatively since the cheque is dishonored lodge a complaint under section 138 NI act seeking punishing him and to direct him to pay double the cheque amount.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You may approach the Court of the concerned Magistrate and move an application to know the status of investigation.

Also, you have the option to approach the High Court in the instant matter and get a direction for fair and expeditious investigation.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Besides police complaint about cheating offences, you should have initiated cheque bounce case against him.

What prevented you from filing a cheque bounce case against him so far.

If the date of cheque is within three months as on date, even now you present the cheque to your bank, get it dishonored and initiate cheque bounce case as per law.

The police complaint may not fetch you any relief, you will not get back your money through police complaint.

The cheque bounce case of civil recovery suit alone can help you get back the money what you given him.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You don't have to pay bribe they will file chargesheet. You can Complaint to superior Officer if they are asking for bribe. You will get public prosecutor help in court during trial.

Prashant Nayak
Advocate, Mumbai
27245 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

It is not a big issue. You can get back the amount if you approach the NGO’s working in this field. In the meanwhile you may approach free legal aid authorities and get free advocate who can issue a legal notice and file a case free of cost. If police file closure report then file objections before Concerned Magistrate and see that summons are issued to him.

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https://www.tgnns.com/contact-us/

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

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