• 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 7 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
13008 Answers
267 Consultations

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
23084 Answers
31 Consultations

  • 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

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
19341 Answers
32 Consultations

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

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

Ajay Sethi
Advocate, Mumbai
99871 Answers
8149 Consultations

- 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
15821 Answers
242 Consultations

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

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
6851 Answers
23 Consultations

Hello,

Is this a government institution ? 

The best way will be to file a civil suit. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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
25513 Answers
179 Consultations

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
90072 Answers
2501 Consultations

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
6230 Answers
499 Consultations

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

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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

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
90072 Answers
2501 Consultations

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
99871 Answers
8149 Consultations

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
19341 Answers
32 Consultations

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

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

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

Prashant Nayak
Advocate, Mumbai
34585 Answers
249 Consultations

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

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
4951 Answers
27 Consultations

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
6230 Answers
499 Consultations

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
18103 Answers
377 Consultations

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