• Money transfer done as per agreement, machine not transferred on date, seller not responding

1.money transfer done(RTGS)to company bank account,seller not sending machine?
2.if I'm going file police case.is it useful?
3.what are sections ideal to punish him and his company?
4.If regular cheating person how will we approach?
5.Full money transfer done on RTGS.is it recoverable from him
6.is there any non bailable section for punish him
7.last week we send legal notice ,but company refused to accept it.is it offence?
8.is any way to stop his company activity ?
Asked 6 years ago in Criminal Law
Religion: Hindu

3 answers received in 2 hours.

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11 Answers

Register an FIR against the person who was responsible for supplying goods and also you can seeks the indemnity for the same.
But one should be keep in mind that it should be persuaded in civil as well as in criminal manner contemporarily

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

1. You can register a complaint under 420 and 406 ipc for cheating and breach of trust. 

2. Yes the amount can be recovered from him by way of summary suit along with the interest. 

3. Refusing notice is not offence if they refused the notice proceed with the complaint and the suit.

4. 420 is no bailable he need to take bail from police. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You should file a complaint against the company for cheating, fraud and criminal breach of trust under section 406 415 and 420 of the Indian penal code.

 

Also, suit for recovery should be filed in civil court, in order to recover the amount already paid to them.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You can file consumer complaints as well as FIR for cheating under 420 IPC

You can also file a complaint in NCLT and go for bankruptcy of that company

 

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

file case under section 406,420 of IPC for cheating , criminal breach against company and its directors before local police station 

 

2) if police refuse to lodge FIR file private complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report 

 

3) refusing to accept legal notice is not an offence 

 

4) you can also file summary suit under order XXXVII of code of civil procedure to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
99825 Answers
8148 Consultations

1. A complaint for the offence of cheating under Section 420 IPC can be filed. If police does not lodge the FIR then you may file a complaint under 156(3) CrPC in the court to direct police to lodge the FIR.

2. Most importantly, you need to file a civil suit for recovery of money with compensation and cost of litigation against the seller.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust, 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

Dear sir

Yes you can file for petition regarding specific performance of contract that is not fulfilled from seller side.  And you have done your part and you also have proof that youngster transfered money to their account by RTGS. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Hello, 

yes you can file a FIR against him and the police will file the same under appropriate sections. 

Not receiving the legal notice is not an offence. 

Go ahead and file the FIR against the said person at the earliest. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the company refused to accept ht e legal demand notice then you may file a money recovery suit against the company with the legal demand notice as evidence.

Giving a complaint with the police is your choice, you may use your influence with the police while giving this complaint so that it may be effective.

 

T Kalaiselvan
Advocate, Vellore
90026 Answers
2497 Consultations

You may file a police complaint against the seller based on proper documentary evidence. The FIR shall contain the relevant sections of the IPC under which the alleged offence us committed. 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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