• Cryptocurrency theft

Hello sir a person give an application in police station .he is joined by me for Cryptocurrency exchange and trading from approximately 2 to 3 years in September I withdraw coins from his account .now police harrassing me to give him money.reality his iam electronic technician and also do some online.this person come to my shop many times because his home is near my shop and I don't know what work he is doing.many hours on my shop on my laptop and computer.when government banned Cryptocurrency in India I stop working only doing some faucet games .but this person continue doing trading and earn.i warn him sell anytime price go too much down . according too law this is illegal.he says I pay taxes no worry .soon prices are too low .now this person many times saying me whenever he come to my shop do something I need money .now he is complaint that he come to my shop and give her Mobile to me and after one hour her Mobile block and all coins are withdrawn. What I do.
Asked 7 years ago in Criminal Law
Religion: Hindu

11 answers received in 1 day.

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13 Answers

Bitcoin is not banned

It cannot be banned in the first place because it is Censorship resistant

As per law only banks are not allowed to do any transactions for any person dealing in crypto

That does not mean that crypto is banned or illegal

People still trade crypto using peer to peer platforms 

If the coins are withdrawn without consent from the account of the person then he needs to lodge police complaint

Crypto and bitcoin are not illegal in India and trading is going on as usual 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Crptocurrency is not legal tender in India it is not illegalized as such, further if the person says you stole it he has to provide proof of same onus is on him. He has to provide proof of his account and further when and from what device it was transferred . Also if he contend he give phone to you he has to present the proof of same before the court.

You on FIR can obtain an anticipatory bail if anticipation of arrest and further can file a quashing petition to quash the FIR. In case the FIR is not registered police shall investigate first and then register so if the said person fails to provide police proof police shall drop complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been made target intentionally by him.
  2. I advice you to give your statement to police denying everything, and file a cross complain on him for falsely filing compliant against you.
  3. Though initially, your complain may not be taken on record, but at least you would say in future that you informed police about his conduct of harassing me.
  4. There has been a provisions of law in cyber law where each and every transaction can be look for investigation. Don’t worry about that at all.
  5. You just deny everything in your statement which he is saying lie according to you.

Rest, you can consult me through Kaanoon for further legal assistance, if any required in accordance with  next step by police towards you.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Hello

         The police must be harassing you. If they have registered an fir then file a petition for fir quashing and arrest stay in the hc.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

you are not responsible for theft 

 

2) it arose on account of his negligence 

 

3) refuse to pay him any money 

 

4) let him file any complaint he so desires 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

1) You may compliant under cyber act regarding all online transaction and contact CBI regarding this.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Client,

AM not able to understand what complain actually filed. If he doing restricted trading than police has no authority to recover such illegal amount, instead cross complain against him.

Cryptocurrency is banned in India, further you can complain against him to Income tax department. You strictly  refuse that you never used her mobile. 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Querist

if there is any apprehension of Arrest then immediately file an anticipatory bail before the session court or High Court under section 438 of Cr.P.C. and than join the investigation.

 

if there is nothing wrong done by you than no need to worry, you will get clean chit in this case, otherwise fight the case on merit.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

let the police investigate and look into the matter, as police will itself verify that you have not been doing the business and your bank accounts are not getting credited anyways by crypto money will end the case itself.

 

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

please call at 100. when any one comes to you for harassment. call police pcr and state them that they are threatening you for life.

 

Please do settle if possible. 

Deepankar Kataria
Advocate, Delhi
194 Answers

n early 2018 India's central bank the Reserve Bank of India announced a ban on the sale or purchase of cryptocurrency

If you have evidence to prove that you are not involved in the loss of his crypto currency business, you may, with the documentary evidence prove the same before the police or before the trial court to deny his allegations.

If there is a FIR registered , first you obtain AB and then challenge the false allegations in the trial court.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

1. Transaction of cryptocurrency was never legal in our country.

 

2. You should not allow the said person to enter in to your shop and handle your computer if you feel that he might commit some cyber mischief by using your computer.

 

3. He has to prove what he has complained/alleged with irrefutable evidence.

 

4. Engage a local lawyer having adequqate expertise and experience in dealing with criminal matters.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Police can't do such things. You Complaint the same to higher authorities of police.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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