• Cheating fraud extortion

My college management threatened me to sign blank cheques of the stipend account during course holding my certificates. Similarly 100 plus students. We have video recorded threats. All bank statements show show withdrawals on same dates. Even tampered cheques are encashed by branch manager showing his involvement. We have gathered multiple statements to compare same. How can we legally get our stipend back.?
Asked 5 years ago in Criminal Law
Religion: Hindu

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24 Answers

1) You have to make complaint in the state government education ministry office against college corruption initially. Later on with central government if you couldn't find any responses from state and central government than you can move your case to court under criminal act.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Dear Client,

File police complain for extortion and criminal intimidation. If police do not register, complain to area SP or file court complain.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

  • First thing you need to do is Get an FIR filed and make a complaint narrating the whole story and facts. Send the same to Local Police Station Officer and another copy to SSP of the town and one copy to Chief Minister's office , this way you moved the news and they need to look into it 
  • Meanwhile you approach the bank and stop for further payments
  • You can get a case yourself field in the local court so that they can pass a dtay order for the time being. This is the place you can attach Evidences. 

 

FIR is needed so that they dont claim that you willingly gave the cheque now you are not paying the same back as in sec 138 of Negotiable Instrument

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

1.Immediately file a complaint u/s 383,420 in police station. 

2. file a complaint with the University as well as the Education Department. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

All the students who have fallen prey to this threats from the management should immediately lodge a police complaint with the jurisdictional police (nearest police station) and register a F.I.R against the college management and the bank manager for being part of this scam.

Police after registering the F.I.R will arrest those involved and produce the accused before the court and they will have to stand trial for the alleged offences. After trial, if the accused are convicted, then the students could file a recovery suit in order to recover their stipends along with interest and other costs.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

File police complaint against college management  fir cheating , criminal intimidation under section 420 , 506 of IPC 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

- It is clearly a case of cheating and fraud.

- Firstly you should lodged your complaint to the police official and better to forward same copy to higher police official and further also to the education department / university after explaining all the facts. One copy should be given to Bank as well to stop such type of payment .

-  If, no action taken place against these persons , then you should file a case before the court in your jurisdiction for the same for FIR against them.

 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

You can file FIR in the police station against the management under section [deleted] b and xxxiv up IPC in case there is any problem in filing FIR then you can move to the court under section 156 subsection 3 and pray to the court order for FIR and investigation in this regard and the police will file FIR and the direction of the court and will submit the charge sheet or final report as the case may be in the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hello,

Is this a government institution ? 

The best way will be to file a civil suit. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You need to file a case of cheating , breach of trust and fraud against  the college management and people involved and further contact the UGC/body under which college is recognised regarding the stipend.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you are not getting stipend then first issue a legal notice demanding the same.

After that initiate steps for recovery through legal methods.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Dear Sir,

It requires so much of intelligence and courage to teach them a lesson. You may share the same with any expert and get suitable legal advise. If necessary criminal complaint and PIL to be filed.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Challange the B report pray for reinvestigation  if nothing is done on that case approach high court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If this is the case then you can carry those evidences to the High Court Through a Writ Petition 

And then on the High Courts order it will get highlighted and Judiciary is an independent body and can order the police to investigate and also order if required to Politicians. 

As after High Court You have an option of Supreme Court and they always work independently. 

However it they have police and politicians then judiciary is left and you should move to the court that's the final and fruitful way to get justice

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

You can strongly object the B report by police and file a fresh complaint with the judicial magistrate court under section 200 cr.p.c. seeking appropriate action 

Alternately you can approach high court with a writ petition seeking relief and justice

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Obtain copy of closure report 

 

file protest petition before magistrate to direct further investigations 

 court can direct police to carry out further investigations 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If no action is taken further, the complainant can file a case in the criminal court and get the order of the Magistrate on the FIR.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

File protest petition in court and submit video and other evidence.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

you can challenge the report with a protest petition and evidence.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

You can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear sir,

First file objections to B-report and see that it is registered by the court against the culprits.  All of you must unite and struggle to get justice by approaching different authority.  If necessary approach Ministry and bring force to refund your stipend amount.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear Sir,

Immediately file objections to B report and contest the case. Convince the Court. Please be informed

that courts cannot be influenced by the political persons. If not favorable order then approach the higher Court. Summons will be issued to the culprits. Not to lose faith in judiciary. There is delay in judicial system but you will be assured of getting justice at the end.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Challenge the B report and ask the court to direct further investigation directly under SSP or some senior police official 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

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