• Agreement fraud

My crane was located in another city called latur. Local party was interested to buy. So he meet me at thane. Which is my local area. We made 2 agreement. one in english and another in marathi. but he didnt paid but he took original marathi agreement and run away. and he took custody of crane in latur on the basis of agreement. And beaten my operator and took custody. Due to language barrier we didnt understand marathi terms. Both agreement is having different terms. English is in my faour and marathi is in his favour. I want to file fir in thane where agrremnt was made. But police is asking to visit latur. Written complaint submitted but no fir. Can we approach magistrate and request to launch fir in thane. as he gave threat if we visit latur he will kill us. Can magistrate help in this regards to file fir in my jurisdiction?
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 10 minutes.

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11 Answers

This is a matter of cheating and you can file he is under section 420 and 406 including 379 of IPC as there is no payment involved in as consideration you can claim your crane back.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Better file Court complain u/s 156(3) CrPC for theft and hurt.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can give complaint to magistrate. But jurisdiction for complaint is latur because the crane was in latur and forceful possession was also taken in latur.

So magistrate may transfer the complaint to latur court and it may order latur police to file FIR.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Than the allegation shall be by executing forged document and misusing it by taking possession of crane forcefully on the basis of it and without making any payment.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Because agreement matter is civil issue and police have no jurisdiction to handle civil issue. You will need to approach court for the agreement issue.

And the crane and its possession was forcefully taken in latur so criminal jurisdiction belongs to latur police.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Police must file your FIR even if it claims that it doesn't have jurisdiction in the matter

Ask police to lodge a zero FIR

Police is bound to transmit your FIR to the correct police station if it claims it has no jurisdiction

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

File complaint before magistrate under section 156(3) cr pc to direct Police to investigate and submit report

2) Police inthane would have jurisdiction as part of cause of action has arisen in thane

3) however since crane was stolen in Latur better file complaint in Latur

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

File private complaint before magistrate under section 156(3) cr pc as mentioned herein above

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.

2. You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.

3. You can file a private complaint before the court having jurisdiction.

4. You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police does nothing to enforce the law or does it in a biased and corrupt .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Since the cause of action took place at Latur, you may not get any positive reply action at Thane even if you approach the judicial magistrate court in Thane.

You have no other choice than to aproach Latur police station and the judicial magistrate court for releif and remedy

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Place of agreement is not the place of cause of action, hence you have a case maintainable in Latur only.

What was the necessity to prepare two different types of agreement when you knew that there was no payment made at all.

You are hiding the main information here but want to seek opinion on a blanket issue.

However you may approach Latur police or judicial magistrate court for relief on this and not at Thane

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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