• Cheating and blackmailing for online game

I found a person for hacking games and I paid him huge money till date for winning but i never won..He told he will refund if I loose.But when I asked my money back he told pay some money and get your refund back..Again he didn't give my refund..So I blocked him..He messages and says he will compliant on me for not taking back money..I was the person who lost money but he is blackmailing that he will give complaint and send arrest warrant.. Actually I don't want to give complaint on him as I don't want police interference.. I have all gpay and WhatsApp messages as proof.How do I avoid this guy and Can he give complaint on me when I have not taken any single money from him?

Can he File FALSE FIR on me? Can police come and arrest me ? he says police warrant will reach you? How can he file FALSE complaint as he has taken all my money?

I'm really worried that police will arrest me eve though i have all chat message and money transfer proofs with me
Asked 4 years ago in Criminal Law
Religion: Hindu

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22 Answers

He cannot do anything. Such frauds are numerous on online platforms which lure peointo spending thousands of bucks. Don't worry and don't be afraid of them.

He cannot lodge any FIR rather you are the one whose money he took and hence you should lodge an fir against him and send a legal notice to him.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Don't waste time and go on lodging a complain with police.  Complain of cheating as he refused to kay back even when you lend him money.  Don't admit if paying him for illegal purposes. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The fact that you are not taking back your money, is nothing wrong and there can be no police complaint against you in this regard.

 

However, it appears that the only way to lodge a FIR/criminal case against you is way of of twisting facts. So, it is very much likely that this guy may twist the facts of this case and gave it color of a cyber crime and then report you to Police. Only then a FIR is possible against you.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

1) There can be no FIR filed against you for not taking your money back.

2) Instead it is him who has cheated you out of your money, as the  agreement you entered into with that person to hack games for consideration is illegal, he himself does not have any reason to approach police.

3) Do not pay this man any more money.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

No need to bow down to pressure tactics 

 

he can file false case against you to harass you 

 

police would issue you notice to record your statement 

 

rely upon evidence in your possession to prove your innocence 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If he lodges an fir the poluce will come but i don't understand why he will lodge an fir when you are the real victim here.

You should lodge an fir in the cyber crime cell of the police.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Police would send notice at your address or call you 

 

just ignore his messages 

 

change your number if possible 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

He is threatening you in the name of police.

He cannot make any complaint with the police for the fear of being discovered doing an illegal activity of playing this illegal game and earning money in the name of this illegal activity.

If you are having his  name and address, you can issue a legal notice to him to restrain from demanding money from you in future which is nothing but an act of extortion and an offence under IPC.

Your legal notice to him will make him realise that he is doing an illegal activity  hence he will stop from indulging in such activities after that, if he still continues to threaten you. then you may better approach police nd give a complaint about this by furnishing all the details and seek protection.

You will not get any relief if you do not resort to any legal action in this regard

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You block his number and remain silent.

If his tortures continue then you better take the help of police to stop this harassment.

He cannot give any complaint to police, you may read my previous post on this.

Your fears are your weakness, he cannot do anything to you, hence you may better remain steady, inform your parents or others at your household about this and remain safe under their protection in this regard.

 


You block his number and remain silent.

If his tortures continue then you better take the help of police to stop this harassment.

He cannot give any complaint to police, you may read my previous post on this.

Your fears are your weakness, he cannot do anything to you, hence you may better remain steady, inform your parents or others at your household about this and remain safe under their protection in this regard.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

In case the charges involved against you are less serious, the Police will send a ;legal notice.

Else, they might visit your house to trace you and record your statement.

The above steps will be taken by the Police against you, only incase they have registered a FIR against you. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

1) If any false FIR is filed police will intimate you through phone or  send notice for the same.

2) Police may even visit your house.

3) There is no need to fear, as you have enough evidence to prove your innocence, also you did nothing wrong by not taking your money back. 

4) He has no legitimate ground to file FIR, but you should take screen shots and back up all chats and continuous calls he did.

5) If he continues harassment let him know the same is illegal and you will file cyber complaint against him for extortion and criminal intimidation so he stops, you can also change your number if you can.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- As per your submissions , it is clear that he has cheated you in the name of online games , and now as per the rule of fraud game , he don't wanted to loose you , as he had already trapped you .

- Hence, legally he cannot lodge any compliant against you as no offence is committed by you .

- Otherwise you can lodge a compliant against him for the offence of cheating and blackmailing . 

- No, such compliant is not maintainable , and police will not visit your home. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

-   He will and can not file FIR.


-   If he do, then first he will be arrested for taking money for illegal act.


-   He is just blackmailing you and you are getting scared.


-   Just tell him that you contacted lawyer and came to know that he will also get arrested.


-   Ask him to stop blackmailing and refund money else you can file FIR for cheating and fraud.


-   But he also knows that you also will not file FIR.

Ankur Goel
Advocate, Bangalore
454 Answers

- He is messaging from different numbers proves you are getting scared. 

- If possible, switch off your mobile for 1-2 days.

- You have no choice but to tell him that you are not scared even when you are shaking with fear.


Ankur Goel
Advocate, Bangalore
454 Answers

Dear Sir

Please approach a local reputed advocate practicing on criminal side so that he can instill confidence in you and take anticipatory bail and lodge complaint against such fraud guy.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. A cursory reading of your query makes it so clear that you have been conned.

2. You have to be really naive to believe that one has to part with money to get a refund.

3. False FIRs are filed and can be filed against you. but it is unlikely now as this person got what he wanted. Learn a lesson from the entire fiasco.

4. Change your number as you do not want to go to police.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Wait for a month 

 

your statement would be recorded by police for investigation purposes 

 

if no response is received file RTI application as to what action has been taken on your complaint 

 

you cannot restrain him from filing false case 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. No time limit on inquiry by Cyber Crime.

2. Follow up after 2 days.

3. Your complaint does not preclude him from filing a counter complaint to get the FIR registered.

4. If a FIR gets filed against you under non-bailable sections then immediately apply for anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

In the criminal cases the police may not be of any help to you to recover the amount, for recovery of your money, you may have to approach civil court with a recovery suit based on the substantial documentary evidences in your support.

The criminal cases will punish the culprit if found guilty. 

The time taken for investigation of the crime on the basis of your complaint will depend on the police team who takes interest in it besides other factors that would hinder their  process. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

1) No timeline can be given for action of the police on your cyber complaint.

2) Whenever they do take it up they will come to record your statement.

3) Filing a complaint cannot stop the other person from filing false case against you.

4) The cyber site provide updates on complaint, if you see no update for at least a month, then you should file RTI application to find out what action has been taken on your complaint. 

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

He can file but will not as he himself is guilty and has to explain his actions.

The police will carry on an investigation. If you think they aren't doing anything then file an application witg the magistrate and the commissioner of police for steps taken.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- It may take at least 15 days to get the feedback 

- Further, if you have lodged the compliant online , then you can check the status as well

- Yes, there is  possibilities to recover the amount

- No, he cannot file any compliant /FIR against you. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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