• Money given as advance for business proposal but not returned

There is a person from Bhopal who have taken ₹25,000 from me in the name of some advance required to give to some guys with good connections to Officers & Agro dept for procuring of Maize from the warehouses. I've not met the guy yet and don't know much details about him except his phone number. He convinced me to give the amount since he was in discussion with me for more than 3 weeks regarding Domestic Trading & exporting of goods, and shown himself as genuine person and claimed to be calling from "The House" (CM house), which I can never believe. But due to the past discussions and calling over phone, One day he gave me a proposal regarding a tender which is coming to open so person who can avail the good stocks was required to provide some money in order to book the stock for us, so he asked that we required to give 50,000 rupees. So I said i don't have 50,000₹ instead if that third person is trustable, so you should give 50% and I'll give 50% i.e. 25,000 you & I both should give. He first said fine, later he asked me to give 30k as he only had 20k, but I told him it I can give max 25k as I didn't have much money.
So he gave me an account number of a person, he said deposit in his account and I waited for him to deposit first, and he sent me the screenshot. And I asked him one more time, that my money should be returned back if the business would not initiate, he said don't worry, it's guarantee to work, and if not we'll get the money back. That's the only mistake I made just for honoring my words, I gave the money. And it has been almost 15 days, still I haven't received the money back and no business was done. Since last 4 days he told he'll give on Monday, i.e. 24th Jan but still not picking up call. Even though he showed me screenshot of online receipt of his share of 25k money transfer but i feel thats a sham now, may be edited. I have all the call recordings I had with him and the people he took on Con-call. I have proof of transferring money to the person and recordings of these guys telling me that they'll return my 25k. But have not returned yet. Kindly help me with some insights, whether I can register an FIR against the person without any agreement involved apart from verbal(call recordings I have) agreement. And how they manipulated me to get 25k. Is there any case? Can I get my money with the help of any law? And if yes, then what will be the procedure and how much time it may take for me to get justice & my money back and to punish the guy?
Asked 4 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

5 Answers

You can file FIR against said person for cheating , criminal breach of trust for failure to return money advanced by you of Rs 25 k 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

This is clear case of cheating. 

He has conned you by some false assurance utilizing your greed for fast money or illegal benefits. 

Now you have no option than to approach police with a criminal complaint against the con man. 

You can give the details of him including phone number etc in your complaint. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Police will not take a fir in this matter as this appears to be a purely civil/business dispute.

 

Send a legal notice through a lawyer for refund/recovery of money you've lent to this guy 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can file a cse of fraud against him but it will make you spent more than what you have given to him in legal matters

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

If someone has committed fraud and has deceived you causing loss of property or money, you can take the following steps:

  1. The first step to take is to immediately file a complaint u/s 420 of the Indian Penal Code in the nearest police station or in the police station having jurisdiction over the area where the act was committed.

  2. Police will register the complaint and will make a daily diary entry (DD Entry). The police will provide you with a copy of the complaint registered.

  3. If police denies to register FIR, you may meet the SHO of that particular police station and ask him to register your complaint. In case, if still nobody takes action, you can speed post a copy of your complaint to Assistant Commissioner of Police or Deputy Commissioner of Police. You must keep receipt of the complaint so sent to the ACP/DCP with you and maintain the same until the case has been concluded.

  4. File an application in court u/s 156(3) of the Criminal Procedure Code for registering FIR. It is mandatory to show receipts of ACP/DCP for filling the said application in Court. If police denies to register FIR, the court has the power to register an FIR.

Thankyou.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer