If the partner had common business interests then yes you can file a civil suit of recovery. Cheating complaint can only be filed against partner if he had involvement in the same
Money taken for investment - but cheated/duped - fraudster commits suicide
In 2018 Jan, I had invested my retirement money 25L with a known person (Mr. G) who promised to invest in PMS (Portfolio Management Scheme) of a reputed company and give a return of 2%-3% per month. When checked the investment documents with the parent company, it turned out to be fake / fraud document. The money was never invested with the parent company. The Parent company informed us that he and his partner had been operating the business in a dead man's account in a reputed bank. When contacted Mr G, he acknowledged the crime and promised to return our money within 1 week. Myself and the parent company started following up during the week to check if he doing his due diligence to return the money. But he didnt returned the money. We lodged a written complaint at the nearest police station. Police didnt file an FIR. The police inspector called Mr G, and asked him to come to police station. But he never came. He committed suicide by train. The PSI of the police station raised his hand saying the accused is dead now and CANNOT file an FIR. We shared the details of the partner too, but no action from police side. Now my money is in the market and somebody is making money out of it. I contacted Money Life organisation, who guided me to take assistance of one ex-cop and seek some advise. He made many attempts to file an FIR, but the SI didnt show any sign of support. He clearly said since the accused in dead, FIR cannot be raised on dead person name. Then we wrote letters to ACP, DCP and CP for support. But nothing happened. Then at last we submitted letter to SPCA (State Police Complaints Authority), along with complete set of documents from the beginning, complaining against the SI for not registering an FIR. After 3-4 months we got an intimation from SPCA, that our file is transferred to SPCA new office at Navi Mumbai, which is very far from my current residence. After visiting the new office at Navi Mumbai i observed that the office is still in the construction stage. Nothing is done there and nobody is sitting there. i dont really understand what is happening, and how to recover my 25L money. Can any action be taken on the partner to return the money? i dont understand how to get back my money. Pls support.
Asked 6 years ago in Criminal Law
Religion: Hindu
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17 Answers
File private complaint before magistrate under section 156(3) of crpc against partner to direct police to investigate and submit report
you can also sue deceased partner wife to recover your money
3) she would be liable to extent of her inheritance
Why you are circling the police, file FIR through court. Than on direction of magistrate, definite FIR will register. And it is mandatory to register FIR in cognizable cases, Complain to DG to take action on concern officer as per direction passed by Supreme Court in Lalita Kumari Versus Govt. of U.P. & Ors.
FIR will file agasint partner as he is partner in crime.
Police and the partner are in hand in gloves. Very clear, sue both
1. You can file Criminal Complaint against Mr. G's partner, IF you are sure that they were partners.
2. File a Private Criminal case in the local Magistrates Court, against Mr. G's partner and the said Parent Co., for Criminal offences like Cheating, Fraud, Intimidation, Breach of Trust etc.... supported with ALL relevant documentary evidences & witnesses. Note that even if Police had filed an FIR and Charge-Sheet, they would have done an absolutely shoddy prosecution and wasted much time and would further be barred from Civil litigation's.
3. Alongwith above, simultaneously MUST file Civil Court Suit for Recovery of 25 lakhs alongwith Interest, Litigation costs & damages /compensation.
4. Filing both above cases simultaneously, will make the opposite person/s come down for settlement. No other simple solution to get your money back, that was swindled from you.
In short please file an application u/s 156(3) CrPC so that investigation may start in your matter if the police department is doing nothing in the matter.
Hello,
If you have given the money to the known person in an individual capacity then in that case you can not recover the money from the partner. However, if you have invested in the firm then in that case you can recover the money from the other partner.
If however, the legal heirs of the said person has received estate, money from G after his death then you may file a suit for recovery and may recover the amount.
It is right that a FIR can not be filed against the dead person.
Regards
See since the accused is dead you can file a suit against his legal heirs to recover the money though legal heirs are liable to refund only amount they have received as inheritance if there is no inheritance they are not liable to refund the amount also if details and documents of the partner are available he can be made party.
File FIR through Police , if police does not register FIR then go to magistrate under 156(3) CrPC for registration of FIR. Second way is directly file a private complaint with magistrate under 200CrPC.
1. You are going in wrong direction. If FIR is not filed then instead of approaching the organisations that you mentioned and some ex-cop you should have engaged a lawyer and filed a complaint case in the court to seek an order from court to police to lodge the FIR under 420/406 IPC.
2. If you know the name and address of the partner then a suit for recovery of money can also be filed.
The partner may not be held liable for his partner's personal debts.
You can issue a legal demand notice to his legal heirs for recovery of your money invested.
After that if you get or not any reply from his legal heirs, you can implead everyone at his household in the money recovery suit, if your case is taken on file of high court.
1. You should file a case against the parent company that the deceased person have taken the money on name of company that he is going to invest money on behalf of parent company.
2. Or contact some close relative like wife child or brother of mr G and explain the situation and ask them to lodge FIR against his partner that due to his fraud and refusal to return his investment mr G have committed th crime.
2. By this way you can implicate his partner in the crime and recover your money.
Dear Sir,
Yes you can.
You have both civil as well as criminal remedies.
You can file a case of cheating.
Or you can file a simple money recovery suit.
If you have anything in writing from him, you can even file a summary suit which gets over very fast.
sorry for the delay Ma'am.. actually there is nothing in writing.. he has only given us the documents of the parent company, with its stamp on it.. Infact the parent company, after finding out the fraud, checked the details in their system, and found the partner's name and number, and also the amount is getting deposited in the dead man's account. Before Mr G committed suicide, he transferred one instalment of 50K in my account. Also whenever i called him, he was hopping in one bank or the other, withdrawing money (to give me, he said) , but the money never actually came in my account. He may have transferred the money to his wife's account. After the complaint, when cops visited his house, they found that the pregnant lady he kept in the house was not married to him. Also police never shared the death certificate with us. We were told by the cops that the body was identified by his brother by the tatoo on his hand, as his face was not identifiable. Frankly speaking, i am confused whether as to how the sue these people ? I dont know whether his partner is involved. i dont know if any case can be filed on his "so-called" wife ? how to approach a lawyer, and tell him that i dont have money to fight the case, and that we need to recover the entire amount,+ interest+compensation if any and legal fees.
Asked 6 years ago
you need deep pockets to litigate
2) if you dont have money contact district legal aid center for legal assistance to help in recovery of your money with interest
From your contents it is observed that you do not have any evidence or witness to all the dealings or transactions neither the person who borrowed the amount in the name of investment is alive.
You can discuss with a local experienced lawyer and take his advice on the basis of the evidences in your possession.
Greed for more money ion the form of interest will result into the loss of the total invested amount hence one should be very cautious about such issues especially one should exercise more caution while investing the retirement benefits to safeguard the hard earned lifetime amount.
You may contact a local lawyer for further advises and suggestions to move on.
You can go to legal aid and seek free lawyer from there