• Money taken on the pretense of false promise

My uncle advised me to invest in some real state in 2015 and I said I don't have money to even pay down-payment, he introduces me to this fraudster.
Fraudster says give me money in installments and once it is about 3 lakhs he will start documenting the whole purchase plan and stuff.
I found it convenient and started transferring him money through bank transfers (records present) every month.
After transferring about 3.5 lakhs I asked about papers of the plot or anything of that nature, he procrastinated that saying, sure it will be done next month.
That went on for quiet some time and the total money transferred to him now was 8.35 lakhs.
Asked for papers one final time in May 2018, which he failed to produce saying the same thing that it will be done next month.
I asked to refund my money, he said ok will refund next month.
As of today he is still delaying, I stay in Bangalore and he in Lucknow.
I filed an FIR (IPC 1860 (U/s-420)) in Bangalore, Sub Inspector here asks me to make travel arrangements to Lucknow for 3 police officers (plus I will have to accompany him) and we will arrest him. I am sure that is not how it is supposed to work, what if he is not present at his home at that point of time? but SI is adamant.
I halfheartedly believe that even if he gets a proper summon from Police/court he will be willing to return my money, but the law and order is just as useless as it is shown in movies, any kind of guidance will be helpful, any lawyer you can refer me to from Bangalore.
Asked 6 years ago in Criminal Law
Religion: Hindu

4 answers received in 30 minutes.

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13 Answers

You go to the place where your the person resides and file complain to the magistrate under section 156 of cheating and fraud and further seek direction to police to lodge a FIR against the person. 


Police will do hardly anything in out of home state investigation. If possible it is better to withdraw the FIR in your home police station. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You need to take order of court under 156(3) crpc for investigation in the same 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1) if you want your money back and pressurize fraudster to settle then make travel arrangements 

 

2) number of lawyers on this website from bangalore . contact any of them 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

If FIR is registered you can not withdraw the same. In that case file application to magistrate seeking direction to police to make proper investigation into case and submission of report.

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

once FIR is filed police has to issue notice to accused to record his statement 

 

2) after investigations are completed charge sheet is filed 

 

3) police are over burdened with cases . hence takes time for carrying on investigations 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You better file application in court to call fro progress report. Police will travel on govt expanses, you are not liable  to pay a single penny. You have strong case and jurisdiction vest with Blore police.and for for same cause of action, 2 FIRs at different place not permitted.

FIR will have to reach certain conclusion, police cannot kept it pending. Wait for some time.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You will spend lot of money in making travel arrangements for police with least possibility of any outcome. So it is better to keep away from the same. 

Most important in your case as of now is to go and check whether police registered your FIR as zero FIR. In your case offence has committed in Lucknow. So as per law police should lodge zero FiR and transfer the FIR to Lucknow police station for further investigation. 

If this is not done you can approach high court for a direction to police for transferring the FIR to Lucknow police station immediately.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Increase police is ready to come to Lucknow to arrest the person you need to help him so that you have to recognise the person and help the police to arrest him the police from Bangalore be laugh course approach the local police station here in case there in The City 2 to arrest the person you need to co-operate with the police in this regard as the case of 420 is not that much of potential that you can can expect police to you take action very promptly you have to push the matter with the police to get the person arrested so that you can realise your money back

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You have to send a legal Notice through an advocate for the reminder and also to recover the said money at a reasonable time but if he fails then you have to file a money recovery suit or any complaint case before the Magistrate court of your Jurisdiction.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If you want the police to initiate legal action on this then they will instruct you to follow the procedure as suggested by them.

If yo do not want to follow this procedure then you silently go to Lucknow and lodge a criminal complaint against him in the nearby police station which will be more effective if the local police summon him to the police station or they make a visit to his place of residence in this connection.

This may bring you some respite. 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

You are wasting your time by depending on the police in Bangalore especially if the accused is reported to reside elsewhere in north India.

If you want to recover your money then you take effective steps as suggested instead of wasting your precious time by posting unnecessary arguments which may not yield any fruitful result.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Nothing just move an application to senior police officers. 

That I. O is not arresting the accused reason best known to him. 

You needn't to arrange any vehicle for them they can claim T. A from their department. 

Or you can move an application before Illaqau Magistrate for monitoring that Police is not arresting the accurate. 

You needn't to go anywhere and needn't to pay

Tarun Budhiraja
Advocate, Rohtak
379 Answers

  1. As per the information mentioned in the present query, makes it clear that you have already filed an FIR here in Bangalore and this is the only FIR which would serve the purpose as the cause of action has arisen here and there can’t two FIR in different state on the same cause of action.
  2. You should file an application under section 87 of the Cr. P. C. to issue warrant against that person.
  3. MM either issue the same or otherwise issue summons to him.
  4. And if he doesn’t come then NBW will be issues and his property will be attached.
  5. And you need not to give any amount to police as it is their duty to bring him and they are getting paid for the same by the state.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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