• Cheating and fraud

I have been cheated by an Indian in UAE during my stay in UAE on employment visa. Later i was threatened because the cheater was an lady and her brother on pretext of opening a new construction company. I had no option except to leave UAE because of the rules of UAE for my saftey. I have there photographs, two signed cheques, on of them bounced and whatsapp records of the payments i made, as well as some links from where their address can be tracked in India. can i take any legal action. They are still residing in UAE.
Asked 4 years ago in Criminal Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

Hi,it is advisable to get the cheques dishonoured first ..In order to recover your investment ,you can file a complaint under section 138 NI ACT, for dishonour of cheque ..Offence under 138 NI Act ( Negotiable instrument act), is a criminal offence punishable with imprisonment up to 1 year and fine extending upto twice the cheque amount...

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Dosen`t matter wherever they are, are subject to Indian law. Deposit the cheque, get it bounced and file complaint u/s 138 NI Act.

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

See you can lodge a FiR agaisnt the person in India for cheating and breach of trust. See since they are not in India they cannot be arrested though the court if they fail to appear may attach there property in India.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You have to file case against the fraudster in UAE 

 

offence has been committed in UAE 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

You can file suit in UAE to recover Rs 33 lakhs 

 

also file police complaint of cheating against fraudster 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

Hi

Going by contents of your post, it looks that, the transaction happened in UAE, as such, you need to file case against the cheater in UAE itself, and that, no cause of action arose in India.

You may also lodge complaint with the concerned Police at UAE.

As far as the other averments made in your  post, it is difficult to prove, better keep them in custody.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can not file case in India since the offence has been committed in UAE. Case must be filed in UAE only. If any part of offence is committed in India then you can file case in India. India and UAE have signed extradition treaty between them. So the offender can be extratided to India for trial by Indian court. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

- Since, the said cheating offence is commited in UAE, hence as per law, you cannot file any case against them in India. 

- You should lodged your complaint in UAE , Even after return back from there , should write to the consulate of UAE for the crime committed by them.

- Since, you are having their address with you , then you can recover the amount from them .

- if, the said cheques are from Indian Bank , then you should bounce from your city bank.

- After getting the return memo from the bank , you should send legal notice with the help of lawyer .

- Certainly you will get back your amount fom them.

- If you need help , you should contact me via Kanoon.com as well.

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

- You can file the case against the party in Gurgaon with local police station having jurisdiction of your area for cheating and fraud with life-threatening events.

- Simultaneously if the contract was signed in India than if you wish to continue with business relationship than the petition under specific performance can be filed for the execution of contract

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

when offence has been committed in uae you have to file case in UAE jurisdiction. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If he is a Indian citizen then you can take action against him in India also otherwise no. You can file a cheating complaint

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Yes you can lodge FIR for fraud, Criminal breach of trust and criminal intimidation against those people in India. 

Or you can present their cheque in bank and file a criminal complaint of Section 138 NI act if cheque get bounced

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You may not be able to file a case or a complaint in India for the cause of action taken place in a foreign country 

You may have to approach the police or law enforcing authority at that country 

You can consult a local advocate of that country for all such further issues. 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

Whether you have Facebook account of her daughter or her relatives phone number,  you may not be able to file any case against her in India for this. 

The offence was reportedly committed in a foreign country hence  no case is maintainable in India 

T Kalaiselvan
Advocate, Vellore
84913 Answers
2195 Consultations

5.0 on 5.0

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