if police is refusing to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
it is not a civil dispute . clear cut case of cheating is made out
Regarding money recovery
My father made an unregistered agreement for purchasing 4 cents land in 2015 July, Six month duration (until December 2015) , the agreement amount Rs 13 lash was given trough my uncle's cheque , because my father don't have cheque leaf. cheque number noted in agreement . Total land cot is 20 lakhs. But within six month we haven't execute sale deed , because of not having money (due to hospital expense) . the land owner said he will sale to some one and give money to back (orally, not doing any document) . He sold the land in august 2017 . but , we came to know that only on October 2018. we met and asked money . he was not ready to give any money back to us. we complaint to city crime branch. finally police told this is civil dispute , solve through court. Again made few complaint in local police station, but no use. now it is 2023. what is the possibility of recovering money from him. thanks in advance
Asked 2 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
24 Answers
but original copy of agreement also given to him. we have only xerox copy . this xerox copy is enough for go to magistrate under section 156(3) of cr pc
Asked 2 years ago
take the plea that original agreement is with seller . you were given only xerox copy
no harm in filing complaint
It is a civil dispute, as the police rightly observed and has to be settled through court. Engage a competent lawyer and issue a legal notice first demanding refund of the booking advance on or before a deadline set and threatening with further action in case of default. Limitation aspect needs to be considered for filing a civil suit.
The claim amount is badly bared by limitation.
When the police told you that it is a civil matter, you should have filed a suit for recovery within three years from the date of payment or for enforcing the execution of sale deed
No legal action would be maintainable even if you approach court at this stage
Even the petition under section 156(3)cr.p.c. to be filed a judicial magistrate will not be entertained at this stage.
This is a civil dispute, which has already been informed by the police and closed the earlier application on the same grounds.
Dear Client,
1. You can approach a magistrate under section 156(3) of the CrPC. This section allows a magistrate to order an investigation into a cognizable offence, even if no complaint has been filed.
2. The offence committed is fraud. The land owner may have defrauded you by accepting money for the purchase of the land and then reselling it without giving you the money back.
3. If the magistrate orders an investigation, the police will investigate the matter and file a report. If the report finds that there is sufficient evidence to support your case, the police will file a charge sheet against the land owner.
4. Generally, unregistered agreements can be used as evidence of the intent of the parties involved.
5. Keep all of your documentation, including the agreement, the cheque, and any correspondence with the land owner.
No case of recovery is made out. The limitation for recovery is three years only. If cause is taken from October 2018, then your case for recovery is barred by limitation.
- As per limitation Act, the limitation period for the recovery of the amount is 3 years from the date of agreement.
- Since, the date already passed , then a civil suit is not maintainable before the civil court.
- You can file a criminal complaint before the magistrate under section 200 read with section 156(3) crpc for lodging an FIR against the land owner on the ground that without your consent and knowledge he has sold the property to another person , and it came to your knowledge recently .
Try by filing FIR, civil recovery time barred.
Yes it’s enough you can get certified copy
Criminal complaint before the magistrate under section 200 read with section 156(3) crpc for lodging an FIR against the land owner will help for recover money or only for punishing the land owner for his fraudulent
Asked 2 years ago
Criminal complaint is only option.
Both of the above may help but you require evidence
It is only for punishment
for recovery civil suit had to be filed by your father
your claim appears to be barred by limitation
- This case may be for both the purposes
- Once, the FIR will be lodged , then he will have to take bail from the court , and this may allowed conditionally i.e. after payment of the amount
The criminal complaint as the name suggests will help to punish the accused and not to recover the amount.
The claim for recovery of money is barred by limitation.
No. Filing of complaint is not meant for recovery. Section 200 cr. p. c deal with private crminal complaint while 156 (3) is for seeking direction to police for investigation of matter and registration of FIR.
The purpose of a criminal complaint, as its name implies, is to hold the accused accountable through punishment rather than to facilitate the retrieval of a sum of money.
The pursuit of money recovery is prohibited due to the statute of limitations.
if in case FIR will be lodged after getting order from magistrate under 200 cr. p. c and 156 (3) , whether land owner will be arrested ? , or imprison after judgment only ? what will be the punishment in this case.
Asked 2 years ago
If the FIRis registered then the accused will be summoned and prosecuted.
If found guilty he may be convicted and sentenced to undergo imprisonment as per the offences
1) land owner can apply for bail
2) there is no automatic arrest .
3) burden of proof is upon prosecution to prove allegations made in FIR
4) Section 420, IPC makes the offence of 'cheating and dishonesty inducing delivery of property' punishable with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
He can be arrested if police require his custody
May be or may not be arrested.
Since it is a complaint case so owner will get bail and if on trail he is found guilty and convicted then he will be sent to imprisonment in terms of punishments as awarded.
In the context of a complaint case, the owner will be granted bail. However, if during the trial, the owner is proven guilty and subsequently convicted, appropriate punitive measures will be imposed, including the possibility of imprisonment.
- The court will call investigation report on the application 156 (3) by the police official at the initial stage of the case , and may also direct the police official to register the FIR firstly and then investigate the matter,
- In case an FIR is lodged , then the accused will have to take bail from the court , otherwise he will be arrested , and further his bail application may also be dismissed