• Recover under IPC 420/406

Dear Expert Lawyers,
I'm able to catch the Godman who cheated my family of 40 Lakhs, all were account transferred. Now FIR under IPC 420, 406 is registered and culprit is presented in Lower court and sent to Police Custody for 7 days. Culprit has agreed upon the recieved amount as his bank statements were clear proof of that, now none of his account carry any amount and he is insisting upon lost all money in some XYZ company whose proof is also not with him, I've found in his bank statements that the amounts were cash withdrawn. Police have tried their best but unable to find from him where actually the money has gone??
I need your help in understanding how can I recover the amount?
Can we apply Polygraphy Test upon him, if Yes then what are the pre-requisites?
As per my knwoledge he will get a bail from Session in his next hearing after 8 days, how can we try to put him behind bars for more days? And if he gets bail, How can I be sure that he will come on next hearing as it's been very tough period for me to search and get hold of him in past? Can any condition be imposed upon his guaranteer?
Kindly suggest some best method to get details of his all bank accounts/property as I'm having his PAN Card details with me. 
As per the culprit he has lost all money with no property and assets with him.
Asked 1 year ago in Criminal Law from Delhi, Delhi
Religion: Hindu
1. The police if can only recover the money cheated from you. if it can not then it will submit charge sheet on which basis trial will commence.
2. There is no guarantee that he will get bail after 8 days. If money is not recovered then he may be put behind bars for longer time. Rather on the ground of non recovery of money you can prolong his custody.

3. If the money is withdrawn in cash then i wonder only Police can recover the money by using force. Else the money is gone.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Since this is  matter involving huge sum and the accused is still behind the bars, you must file an intervenor petition before the sessions court where the bail application is coming for hearing and argue that since the accused was traced out with lot of difficulties, he is likely to escape elsewhere if enlarged on bail hene his bail application is tobe rejected, alternately the accused may asked to provide security at least 50% amount and deposit the same in the court. 
If the court is rejecting his bail application then he may apply for bail before high court, you must make sure  that you appear before high  court too with a similar petition  and stop him from getting bail. 
About Recovery of your money, if police wants to extract they can very well do it, so work out the ways yourself.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Hi
 If he is not revealing the details how he used the money and it was withdrawn by cash, you will have seek his custody for more days so that the police can get more details.
To catch him there is no other than getting his close aids or family questioned.The police can do this for the purpose of investigation.
The criminal complaint and trial will not ensure your money. You should file civil suit based on the bank transfer and the details of  his admission. File civil suit for recovery.
Before  filing recovery make sure that the culprit has the assets, house or any other movable property which can be attached to get the money after the court order.if not your court fee and other legal expenses will be a loss. If the FIR and the case proven he will get jail, by he going to jail you will not get your money . You will have to find about the assets and  where he has invested to get the money from him. 
His pan card will only tell his details of genuine bank accounts not his binami property and investments  
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
1. Criminal case is for punishing the offender for the crime he has committed,

2.Where as civil suit is for recovery of the due amount,

3. You pursue with the P.P.to ensure that he strongly objects to the release of the god man on bail,

4. To realise the dues, file a recovery suit seeking attachment of all the properties of the god man to recover your dues by selling the same,

5. You can engag a detective agency to find out the details of the properties standing in the name of the God man.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
5.0 on 5.0
Dear Querist
in criminal proceedings the money can not be recovered, for recovery of money you should file a civil case before civil court against him.

if he will get bail then the court may demand the surety and if he will not appear before the court on dates then the surety will be liable to produced him before the court or the surety have to paid the surety amount of the same.

feel free to call
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
1. The only available legal recourse to recover your money from him is by filing a lawsuit for recovery. The bank statements can be produced in the court to show his liability.

2. Polygraphy test may also be ordered by the court.

3. You can engage your own lawyer to oppose his bail as and when it comes up for hearing in the court. If the bail is granted it can be challenged in the High Court.

4. The court can grant him bail subject to conditions it deems appropriate, but he will more or less be a free bird once he gets bail.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
1] How to prolong his custody till conviction gets over, as he belong to different state and can run away once freed on bail?
He cannot be denied the right for bail, if he once again escapes after coming out on bail, he will be considered to have jumped bail and on his arrest he may be remanded.  his problem will be of the police.


2] Can some condition impose on guaranteer like post 50% of amount submission in court only the bail plea should be accepted otherwise it should get rejected?
Yes this condition can be imposed while granting him bail. 


3] My wife is still under influence of this fraud man and has not returned home since his arrest and I'm aware of her whereabouts but couldn't contact her as she has filed wrong complaints against me of hitting her in local P.S, even she is not contacting her family members as well. How can I protect myself and also protect her once this godman can be out on bail then he can use her against me? My girl child of 2.5 years age is presently with me.

You have to secure evidence to file any case against her. 



4] Can polygraphy be applied on him to find where he has invested the money? What is the process to get permission? 
No, no at least officially or legally.



.5] Can Police weaken case by any means while filing the chargesheet, I've shared all documentary proofs of account transferrs and forged documents of culprit?
Depends on the graft received by them.


6] Should I higher a lawyer to fight my case post chargesheeted when there is a PP, as what I've experienced during Session and High court hearing, the lawyer I hired is of no use as he spoken the least? 
No, not necessary.  He can only assist the PP and can do nothing on it. 


7] Can he get bail again after charge sheet get filed by session court or high court? What ground should be the best other than "huge amount involved" and "no recovery from him till date" to stop his release on bail?
Request the court to impose condition for granting him bail. 


8] How to make my case very strong against him, can I ask other cheated person also to file similiar case against him?
Yes you can gather support to your cause that way.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1. Bail before trial is the rule and jail before trail is the exception. Bail is refused if it is apprehended that a) he may influence the witnesses, b) may destroy the evidence and c) may run away, then his bail is rejected. So, let your lawyer discuss with the PP and the above apprehensions are put before the Court. However, he will be set on bail after charge sheet is filed,

2.Yes, the Court may grant him bail against high amount of bond,

3.Let your Advocate bring this point before the Court while hearing his next bail application. Also lodge a police complaint about it well in advance to protect you,

4.Your advocate and/or the P.P. may seek polygraph test on the culprit but normally it is granted in cases of National importance,

5.Yes, certainly Police can file a charge sheet diluting his involvement stating that it is you who wanted to do business with him but finally lost your money. So, take care about this aspect,

6.There should be an experienced and agile lawyer present to defend your interest in the said case,

7.After charge sheet is filed, he will get bail since after charge sheet, no further interrogation from the accused is required by the Police and keeping him in Jail has no purpose since his offence has not yet been proved,

8.Yes, all the cheated persons should have filed a joint case against him. You should have formed a 'Cheated Persons Forum' and filed he case in that name. Ask all of them to join your case now.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
227 Consultations
5.0 on 5.0
1. Custodial trial is very difficult and happens only in heinous crimie cases. In your cases it is difficult.
2. Yes, you can pray for the same.
3. No precaution can be taken against such future actions.
4.No
5. Yes
6.yes
7.yes
8.yes
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
1. Whenever he files for bail it should be opposed. This is the only way you can keep him in jail.

2. Bail can be granted subject to the depositing of a percentage of the amount he is bound to return.

3. You cannot bring your wife home against her consent. If she files any case against you an opportunity will be given to you to contest it.

4. Polygraphy can be ordered.

5. Police can weaken or strengthen your case through investigation, but if you have engaged a lawyer then he will be able to repel the adverse consequences of the police report.

6. Engage your own lawyer to protect your legal interests.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

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