1) file police complaint of cheating , criminal breach of trust under section 406 , 420 of IPC AGAINST COUSIN
2) Also file civil suit to recover Rs 18.50 lakhs with interest
3) Contact a local lawyer
Cousin posed as ICICI employee and took money for buying us an auction property
My cousin, who is my fathers's elder brothers son, was working as an ICICI employee, but recently he has lost his job and we had no idea or information. My Dad got retired from the CISF Central Govt. job and they(cousin and his family) knew my Dad had the retirement money, the ex-icici employee(cousin) took money in the name of booking auctioned property for my parents but from other relatives we got to know that they lost our money in bitcoin. Cousin called my parents and said there is a plot in Mysore auctioned by ICICI Bank internally and we must not tell anyone and took money from us via Netbanking and in return sent forged ICICI documents, payment receipts on WhatsApp/Gmail as we live in Bangalore. We verified at the Mysore bank branch found all the documents to be forged from bank, totally he has taken 18.5 lakhs. When we confronted them, still they do not accept that they have done fraud and forgery so that they don't lose their reputation, every month they say there is delay from bank and it's been 8 months, but bank has clearly said there is no such auction going on. For safety my maternal uncle helped us getting cheque for the amount of 18.5L from my fraud cousin and also took a bond signed from a lawyer's office that he has taken loan from us for constructing his house and would return the money by May 20, 2022. But now they are refusing by saying we don't have any money, you can send us to jail we don't care. He has smartly not kept any property rights with himself, everything is in his wife's name including house, car etc. We have no idea if this is a criminal case or civil case, but we just want our money back as this is my father's life saving of 34 years of service to this country as Para-military personel, and we have never owned any ancestoral property or house and want to buy a house for the first time in our life. Please guide us on this, how we can recover our money.
Asked 2 years ago in Criminal Law
Religion: Hindu
6 Answers
Firstly you people have never enquired about the details of the property neither have any information about the bank's auction procedure.
No bank can secretly auction the public property held by the lender bank for whatever reason.
Since you have already obtained the cheque and bond to the said money, you may first get the cheque bounced and give a criminal complaint to the police about cheating and forgery etc.
During the pendency of the criminal complaint or its investigation you may file a cheque bounce case in the criminal court and also file a money suit or summary proceedings before a civil court for recovery of money.
If you fail to take any action or withdraw any case in between on sentimental issue or sympathy then you will not be able to recover your money at all.
- Your father should lodge an FIR against him after stating all the mentioned facts , and if no response then file a compliant before the magistrate for the offence of cheating , breach of trust and preparing fake documents.
- Further, as you have already a cheque from him , then file a compliant under the section 138 of N.I.Act after sending a demand legal notice to him for getting cheque amount from him legally.
Dear Client,
As per the facts which have been provided, you father can file a case against your brother for cheating.
Thank You.
You need to file a cheating complaint and recovery suit in civil court
1. Present the Cheque in the Bank for clearing.
2. Most likely the Cheque will bounce.
3. File a case against your cousin U/s. 138 for Cheque Bounce to recover your money.
