If police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
Financial cheating
One contractor Mr.Raju took an advance of 1 lakh Rupees for a construction work in his house from my Father (80 year old retired govt. Employee). The amount was given to him by way of 50k as cash and 50k as account transfer. He has acknowledge receipt of money on WhatsApp. He told he will be there at site the following day with material and manpower but almost vanished. We have his business card and a hand written quote with payment terms. This guy was referred to usby another person who works for building materials manufacturer . We have his number who is trying to help us recovering the amount. We have approached the local police station who are refusing to lodge a complaint saying it's a civil matter and asked us to approach civil court. My father is undergoing duress because of all this. What are my options to deal with this. Thanks
Asked 6 years ago in Civil Law
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8 Answers
It is not a civil matter but pure case of cheating and breach of trust. Intention is very clear from the fact, he never intended to start construction.
File complain through court against him and the person who refereed him.
A criminal case is squarely made out. File a complaint case under 156(3) Cr.P.C in the court, which can direct police to lodge the FIR for cheating and criminal breach of trust under 420 and 406 IPC.
You can file complaint to superior officers in police and then file 156(3) application from crpc
Send a police complaint before the near police station under the ground breach of contract and cheating .If the police is not take the case you have to option.
File a private complaint before Judicial first class magistrate court .
Also has opportunity to approach the civil court for recovery of money and damages. Before that you send a legal notice to them
A suit has to be filed for recovery of amount since the contractor failed to do the job. A civil suit in the jurisdictional court for recovery of amount is only option best suited here.
Besides filing criminal complaint of cheating you can file a Civil Suit if you have sufficient proof in writing, receipt on Whatsapp is sufficient.
This is a cheating and breach of trust case to which the police can very well take proper action.
If the local police is not entertaining the complaint, you may approach the higher police officer of the district with a similar complaint seeking its intervention and direction to the local police for a proper legal action against the fraudster.
The person who recommended may also be summoned by police in order to solve the issue at the earliest.
If the complaint with the higher police officer also do not fetch any fruitful result then you may file a petition before the judicial magistrate court under section 156(3) cr.p.c. seeking its direction to the concerned police to initiate proper legal action on the complaint pending before them and to register FIR if necessary.
Alternately you can look for ways for filing a money recovery suit also
