Yes you can file both FIR and civil suit for recovery for getting the said property
Is there any way to acquisition of property from forgery person?
Good evening everyone iam from tamilnadu .5 months before i have transferred RTGS 35 lakhs for ct scan purchase for a delhi company.after that payment he not yet supplied ct scan.i have complete details aadhar,pan,din number of this person and family memebers details.moreover i found he running 4 registered companies 3 un registered companies and finance company.police also not taking action(tamilnadu). we found his family and gang regularly involving cheating activities. Is there any way to acquisition of property from forgery person summary suit or anyotherway in law?
Asked 6 years ago in Criminal Law
Religion: Hindu
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10 Answers
As per provision of Section 3 of Limitation Act, you can issue a legal notice to the party demanding your money, in case party fail to pay you money, you can file a recovery suit in the Civil Court.
Yes you can file summary suit for recovery of the funds transfer to him for purchase of CT scan machine.
If you win the case and he refuse to return the money then you need to file execution petition for judgement in recovery suit.
In execution petition court give order for attachment of property of judgement debtor.
1 . It is a clear case of cheating and hence lodge a case u/s 420 IPC whereby the Police can register FIR.
2. If the Police does not register the FIR then you can file petition u/s 156(3) crpc whereby the Police is bound to register FIR.
3. If thereafter the Police sits idle on the crime then you can file writ petition against police inaction.
4. File summary suit for recovery of money as well.
If police are refusing to take action file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
2) you can also file suit for recovery of Rs 35 lakhs paid by you as no equipment was supplied
3) you can seek attachment of his property if he is trying to alienate the same
See you can file suit and police complaint against them for recovery of money. In case the decree of suit is in your favor for execution of same court can order attachment of his property.
File a cheating case. If the terms of contract are clear file a case to direct him to perform his legal obligation .
Regards
G.Rajaganapathy
You may file a criminal complaint based on the evidence available on hand.
Have you filed an FIR, if not than file FIR through court. Civil suit will take time. Once court will direct registration of FIR, police will left with no option but to investigate and issue notice to accused.
Offense of cheating apparent.
You may have to file a suit for recovery of money from him in which you may file an application for attachment of his proeprty before judgment towards security for the amount which is due from him.
Since the amount was sent from your place the jurisdiction may fall in your place also, however to be more effective you may file a summary suit proceedings at his place so that the recovery process would be very easy in case he is not turning up to Tamilnadu to attend the cases.
