• How to file a case on a guy who cheated us for 10 lakhs

HI all , 

I need your assistance in filing a case against a guy who has taken 10 lakhs from few of us and ran away almost 1.5 years back. when I approached police on various occassions they told me to file a case first. So please guide me how to proceed. Thanks in advance.
Asked 1 year ago in Civil Law from Bangalore, Karnataka
What proof do you have of having given him the amount? Was the transaction documented?
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1) how was money advanced by cash or cheque? 

2) do you have any letter from absconder wherein he acknowledged receipt of 10 lakhs ?

3) if so file summary suit for recovery of Rs 10 lakhs with interest 

4) also file complaint of cheating , criminal breach of trust against the absconder with the magistrate if police refuse to take your complaint 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Hello,
1) If you are able to substantiate money has been given to the guy either through documents or otherwise you can file a suit for Recovery against the person in a civil court.

2) If the person has issued cheques and they returned unpaid on presentation you can find a case for Cheque Return against him.

3) It is important to know the manner in which money was borrowed by him to advise you more precisely.

4) The police is misguiding you by not taking your complaint. Once you have filed the case the police would tell you that the matter is in the court and their hands are tied.

5) First of all send a legal notice to the absconder in the address you have available for him. If he notice returns proceed to file a case against him in the court.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1. state your fact in detail. if you have any evidence to prove that money was given to him either for loan or any other lawful purpose and he evade himself to return back then you have right to file FIR.

2. In FIR you  have to show that a cognizable offence has been committed and investigation is needed for bring the culprit in the court of justice. 

3. you may file complaint under sec 200 crpc if police refuse to register fir.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
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You should have documentary proof for lending such a huge amount hen only you can file a money recovery suit, without which you cannot file any suit for recovery.  First you issue a legal notice demanding the repayment of the amount,railing to respond or comply, you may think of the option for recovering it through a civil suit.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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1.  Do you have any evidence in support your allegation that he had taken the said nloan from you which he had assured to repay within certain period which has now elapsed? Have you taken any cheque from him towards the amount to be repaied to you?

2. If the above answer is affirmative, then a crime has been committed against you by that person,

3. File a Recovery Suit against the said person claiming return of the said amount with interest, damage and cost,

4. Before that send a complaint letter to local police station u/s to S.P./D.C. by speed post.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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