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.
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 8 years ago in Civil Law
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
10 Answers
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.
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.
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
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.
Thanks all for your response. Greetings!!!! 1. I have lodged a private complaint in police station(Bangalore/Kumaraswamy layout) 2. ASI calling him up every time when i had a follow up with police station(Reply of other party is will be coming with my lawyer, atleast called 10 times same reply) 3. I approached his lawyer over the phone as well then he said he turned down taking his case as he can't defend him and he advised him to approach PS asap. 4. I approached one lawyer in my local area.( Awesome experience i had with my lawyer i.e., taken 2k for preparing for filing the case and done nothing, next day accompanied me to PS, Asked me to give some amount to ASI then i given 500/-(that was in my pocket that time. Advocate was never giving figure for fees. though insisted him many times and said approx it may go upto 30k for filing the cheating case in court. lawyer fees is beyond my budget) 5. frustrated with the system, Police, lawyer says there are for public help.But in fact they are for there help. I understood from the scenario that No one is for help rather to waiting for right opportunity. 6. ASI asking me to track him down and let them know his address then they will start action subject to providing the chasing expenses.( He is absconding from his current address from past one month) 7. I don't bother about car my only worry is May he will use for illegal purpose.(Though he will scarp the car he may not get more than 40-50k, already he paid me 85k) * Other party called me one day last week and said the reason being absconding is, He is involved in some smuggle but still his phone is ringing and answering my call. What should I consider him? A gentlemen or A fraud or a criminal? 8. I'm a simple common man, 25% of salary will go in house rent,10% in house hold, 15% in saving, 20 % in medical and 30 % assisting family member like sister, father etc., 9. My question to you people. Does common man can afford legal system fees and all? What is the purpose of having such expensive law in our own land? May be I'm too impulsive at this moment. But no use. Can anyone guide me how to file a cheating case in court of law? Detail and step by step help would be appreciated and will be part of prayer every time. I can't post my concern next time as kanoon site permit to ask only one follow question. Thanks Hidayathulla Hasan(facebook name)
Asked 8 years ago
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
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.
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.
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.
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.
