• Taken a car for lease and returned as per agreement

Hi,

I have given my car for lease for 5 months.

he had paid the money for 4 months and one month rent need to pay.

He suppose to return the car on 28.08.15. When i called him for car. He said he will giving/coming next day.

He did't turn up and didn't answer the call. I went to his residence and came to know by his house land lord, he absconded since one month since his landlord asked him to pay the house rent. 

i have collected the below doc's before giving the car.

1. Company id(later came to know, its fake)
2.Present and perm add proof.
3. His pan card

Filed a private complaint and it did give a fruit full result. as police did not take it as serious.

police called that guy he said he will be coming and then never turned up after following him up 10 times.

* Background Story
1. he claims to be a pilot but checked the orgarnisation. it s  fake claim.
2. Never saw the car with him during 5 months period.
3.Registered owner of car is my friend.
4. it is MH Registered car.

Kindly suggest. 

Is it come under cheating case.

What is the procedure to file a cheating case in court?

Thanks
Asked 1 year ago in Civil Law from Bangalore, Karnataka
File theft complaint against that person. Tell that police thsy, with the intention to steal the car he with fadulent intention in his mind approached you in the pretext of leasing the car and never turned up after that.

Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
First you understand that you have no right to file complaint against the person who lease out the car with out the  consent of Owner of the vehicle.What is the matter wrote in the private complaint .Did you executed any valid lease agreement between that person.If so you can proceed the complaint before the court. Other wise the registered owner of the vehicle file a complaint.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Hi
Yes it is breach of trust , cheating and fraud, First police has to lodge an FIR  and the charges has to be made out .415,420 and other sections 405,406, 409   will apply.
The written contract between you and the party is important, if  the payment was in cash that does not show it was paid for rent.
If in case of any crimes or fraud happens RC owner will be in trouble.
If in case police is not very keen to go ahead with the case , file private complaint before the magistrate court , if he is absconding the difficulty is to get him before the court even if you get warrant against him.
 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) you claim to have signed agreement for lease of the car with the lessee 

2) in the event of his failure to return car on expiry of agreement issue legal notice to lessee at the address mentioned in lease deed to deliver vacant possession of the car 

3) file suit to recover possessing of the car and for arrears of be rentals

4) also file police complaint  for cheating and criminal  breach of trust against the lessee
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
Since you said that the police is not effective and fruitful on the complaint lodged with them, you may follow the complaint with the higher police officials seeking their intervention against the lethargic local police .
If the complaint with the higher police  also is not evoking proper response, you may file a private complaint under section 156(3) of cr.p.c. before the jurisdictional magistrate seeking its direction to the concerned police to investigate and initiate appropriate legal action against the culprit/accused. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1) you have already filed complaint with the local police station under section 420 read with action 406 of IPC 

2) if police does not register FIR then you can lodge complaint with magistrate under section 156(3) of Cr Pc to direct cops to investigate and sibmit report 

3) in the complaint filed with magistrate mention detailed facts of your case how polic is not registering FIR  

4) you will have to contact local lawyer for filing complaint  with the magistrate 
Ajay Sethi
Advocate, Mumbai
23237 Answers
1219 Consultations
5.0 on 5.0
If you want to lodge a criminal complaint with the police about cheating you can very well do it, let the police accept the complaint and if they do not respond or do not accept the complaint, you may approach the higher police official by sending the same complaint to them by registered post with acknowledgement card seeking their direction to the local police station to  initiate legal process and investigate the matter.  If there is no proper response from higher police officer too, then you may file a private complaint with the jurisdictional judicial magistrate court seeking its direction to police to initiate necessary action on the complaint.
For  all these process you don't need any assistance from a advocate,  you can o it yourself with your prudence instead of grumbling over the lawyers who did not cooperate with you for the reasons you know better. 
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
Criminal offences are classified into two categories depending on the degree of seriousness: cognizable; and non cognizable.
A crime is classified as cognizable if it is of a serious nature, e.g. murder
Non cognizable offences are minor offences, e.g. defamation, intimidation.
In case of non cognizable offences, the police can neither investigate nor arrest the suspect for a crime without an order/ warrant from the court.
An FIR is filed only in cases of cognizable offences, i.e. crimes of a serious nature.Non cognizable offences may also be reported to police but the police will not file an FIR for these offences. Instead, they will register the complaint in the Daily Diary Report (DDR).
Filing an FIR :When a crime of a serious nature occurs, it is natural that one would want to inform the police so that the matter can be investigated.If the matter is non-cognizable, no FIR is registered and just a diary entry or community service register entry is made.

What if the police refuse to file an FIR?
The person in- charge of a police station cannot refuse to register an FIR. It does not matter whether or not the information given is genuine. It is the statutory duty of a police officer to register an FIR whenever any information pertains to ant cognizable offence is reported to him.
In case the person in charge of a police station fails to register your FIR, you can approach superintendent of police who will either himself or through any other officer get the FIR registered. You may inform the Superintendent of such non registration or file the same complaint and adding that the local police did not take action in your complaint. You can complain of any wrong-doing by a police officer because he is a public servant bound to do his duty at all times. He cannot neglect his duty, or delay doing it.

What happens once FIR is filed? 
The FIR sets the police investigations in motion. As part of that, the police may speak to victims and witnesses, record statements including dying declarations, check out the crime scene, send articles for forensic examination and bodies for post-mortem as necessary, question several people and with each lead make further investigations. Once investigations are complete, the officer in charge must make a full record of it. This is called chargesheet.
If after making their own inquiries the police decide that there are no facts that support the idea that a crime was committed or there is not enough evidence to support allegations or acknowledge that a crime has been committed but the people who did it are not known - then they can close the case after giving reasons to the
court. They must also inform you of their decision. You, then, have a chance of opposing the closure before the court.

Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Hi sir, you have to give police complaint, if the police refused, you have to file PCR (Private Complaint Register) case before CMM Court Bangalore and after hearing the Hon'ble Court may be pleased to direct the concerned police station to investigation in detail and submit the report. If the police has done the investigation and submit report before Hon'ble Court. If police has submit 'B' Report, you have to protest through giving protest letter/objection statement and to lead the evidence for the same. And thereafter if consider your case, Hon'ble court may be pleased to issue the warrant to the said person who is cheating you and he has appeared through his lawyer and take the bail and conduct the case taken defense in his own stand. .... and etc... it is the procedure.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1. The vehicle should never be given to someone on lease except after entering into a lease deed. Since you do not have a lease deed you are bereft of the required evidence to prove his guilt.

2. If you file a cheating case and it goes to court the first thing you will have to prove is that the car was given to him, failing which he will walk away as a free man.

3. To preempt being held liable for an offence committed by him with your car you should send a written intimation through registered AD to the concerned SHO and also the RTO.

4. What you need is an ethical lawyer who does his job after taking his fee. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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