• Need the advice and way to get rid of the problem

Respected Sir/Madam,

This is Shahid here, and i would like to bring few facts about my case:

1. My two friends name Suraj and Satya are into business of placement consultants. I contacted them and offered few files for palcing the candidates in jobs outside India. My clients paid the amount and the same i forwarded to them and this entire process was done using bank wire.

2. My two friends got cheated from other third person who promised them jobs abroad for their as well as my clients. i forwarded them nearly 25 lakhs.

3. Even the third person provided them visas of few candidates, i dont know they are original or not.

4, I trusting my friends who are into this placement field, gave my clients a cheque of amount taken from them as security.

5. Now my clients have filed complain against me at SSP office dehradun, sayying them i cheated them. Now police calls me and asks me to attend the station. Once i go on their call, i am being detained and being asked to return money instantly otherwise they will file a case and arrest me.

6. The force from the client is tremendous. Even in between i have cleared two clients amount in installments. And i am asking my clients to give sometime to clear the amount. Since they are local they are using all means to keep pressure on me. i have given them the cheques but they complained and never produced cheque at bank. Even if they had that would have bounced as i have no balance.

7. My friends who took money from me via bank are neglecting the issue and say they will return the amount as soon as they get any thru business. They are taking the responsibilty of amount and agreeing the amount they have taken from me. They even complained to the hyderabad police of the the cheating and fraud they got. Satya and Suraj reside at Hyderabad

now what should I do? Please suggest me the proper way
Asked 6 years ago in Criminal Law
Religion: Muslim

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9 Answers

It is neither a cheating or nor a  fraud on your part. Tell police accordingly. Keep records of your payments towards the other end.  Show them to police. 

You may be liable for non fulfillment of contract terms .it is a civil wrong. No criminal offence.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

File police complaint agasint Satya and Suraj. Whoever duped dose not affect your clients claim. They only know you and paid you. So, agasint you, clear case of cheating will file if you will not refund. Polcie won`t arrest without filling FIR, go along with some advocate.

Request the police that you are in arrangement and will do it soon.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

You should inform tye police of the complete transaction. Engage a lawyer who will talk to tge police on your behalf. If your friends do not listen to you and come forward then lodge an FIR against them.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Obtain acknowledgement of liability from your friends 

 

2) take post dated cheque’s from friends 

 

3) in your statement to police rely upon acknowledgement of liability received from friends and their offer to make payment later 

 

4) let police file case against you 

 

5) contest case on merits obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99994 Answers
8163 Consultations

If there is a complaint against you the police will take the investigation and during the investigation you can provide the name of your friends who has taken the money in the bank accounts cheated the candidates.

As you are a middle man definitely this is your responsibility to check the background the person whom you have transferred the money and recommended your friends to go to get the service so so this is also your responsibility to get them punished for their wrongdoings you can also file a complaint to the police against your friends who has cheated people you can also put there that in good faith and believe that they are working properly after the background checking and providing the job consultancy for the overseas placement you have forwarded the candidates to them in confidence that the services provided by them is genuine.

This situation will only be clear after the investigation by the police

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear

You need to refund the money taken that for sure and you are agreeing to that also. 

Arrange a meeting with the client to whom you have to return the money give them proper assurance that you will definitely return the money as you have also return money of some clients provide them proofs also so that they can trust you. 

Take some cheque or promissory note from your friends so that your chances for getting money increases. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You need to return the said money through your friends else you will also be roped into cheating husband police

Prashant Nayak
Advocate, Mumbai
34670 Answers
249 Consultations

1) immediately obtain anticipatory bail  from session. 

2) File police complaint against satya and suraj. 

3) give your proper statement to Investigation officer and provide transaction details etc. 

4) consult local senior lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19380 Answers
32 Consultations

You have no option than to implicate your friend also in this crimninal complaint by giving statements involving their role in this fraud.

You can also ask the police to bring them into the books so that the amount would be settled soon, if you dont blame them or involving them into this case then you cannot escape from this case without any problem.

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

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