• Victim of money fraud

I had been approached by a person from stock market claiming to give 40 to 50% returns , he convinced me to invest 50 lakh rupees, which was a terrible mistake i did. Since then he is on the run and avoiding my calls, he has moved out from his rented flat and is no where to be traced. His phone is still active but he has stopped picking my calls. The only evidence i have is the online transfer records. I had transferred the money to his Bank Account using NEFT. 
Recently learnt the same guy has duped at least 10 other families.

My friends and relatives have discouraged me from going to the police because they think either Police will not do anything or will demand money. 

Also i currently live outside India and in a fix. I am thinking of emailing or filing a online complaint with the EOW of Mumbai Crime Branch.

What options do i have?
Asked 7 months ago in Criminal Law from United States
Religion: Hindu
1) Filing police complaint against accused with EOW mumbai crime branch of criminal breach of trust , cheating under section 406 , 420 is the only option 

2) only if police lodge FIR against him , pressurise him would he pay your principal amount 

Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
The man is liable to be prosecuted for cheating and breach of trust by all the investors who have been duped by him but for him to be brought to book he has to be traced. Go to police to initiate the process of law in motion as police does do its job according to law unless there is some political pressure. An online complaint can also be addressed. Once he is traced out then a civil suit for recovery can also be filed against him.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
You should definitely file an FIR with  EOW  Mumbai depending on the facts and nature of the complaint police can take an FIR under IPC 406&420 and some other provision s of economic offences of the state,s existing acts.
You can move to a civil court to recover the money once police   track him down.
In the complaint mention about the other victims. Sometimes many ithers may have already initiated  the legal steps.
You should not delay in taking steps as there is already time passed and the culprit will get time to  save himself.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Hello,
1) You ought to have made a police complaint as soon as you realized that you had been duped.

2) In case the police failed to investigate, you could file a private complaint in the court and that option is still open to you. You can issue a POA to a relative who can conduct there case on your absence.

3) In the meantime nothing bars you from making an online complaint. Do not delay in any case.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1.  Stock Market investments can not be predicted and it is like putting money in casino board,

2. There can not be a valid agreement to earn assured profit on your investment in share market,

3. Have you entered into any agreement with that person before you invested so much of amount?

4,.If no, then do not raise the share market investment issue and claim that you had just lend that amount to him which he is not returning,

5. File a police complaint by post sending the complaint letter to the local police station  under copy to the S.P.,

6. If the police fails to take any action, file a Writ Petition against police for its inaction praying for relief,

7. Simultaneously, file a recovery suit claiming refund of the money lent by you with interest, damage and cost. 
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
You have no options than to lodge a criminal complaint with the Police, i.e., EOW of District Police or Mumbai police.
Since you have details of transactions made, i.e., bank transfer etc, you may even try to file a money recovery suit besides police complaint through a civil court. 
You may lodge an online complaint and may authorise any close relative to follow it up with the concerned police.
Until you dont initiate proper legal action, there is no chance for recovery and also he will be cheating many more such innocents like you. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1) Currently, cases/s involving money over Rs 50 lakh are transferred from the city police stations to the EOW for a speedy probe

2) 
Open the Mumbai Police Complaint Website by clicking on the link given below :

https://mumbaipolice.maharashtra.gov.in/complaint.asp

:3)  Filling up the Mumbai Police Complaint Form
Fill the Mumbai Police Complaint Form carefully. Please note that your Email Address will be used to get an OTP(One time Password) which will be used to authorized to finally accept your Complaint. Please click on the ‘Submit’ button once you finish filling up the complaint form.

4) : Making a Note of your Complaint Number/ FIR Number
As soon as you click on Submit, your Complaint Number/FIR Number will be generated. Please make a note of your Complaint Number for all future references.

5)  Please remember that this procedure is only to file a complaint about minor crimes only i.e., Non-Congnizable crimes. Non cognizable offences are those, where a police officer cannot arrest without a warrant.
Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
The complaint may or may not be filed online but even if there is an option of online filing you should send a hard copy of the complaint under your signature to the police. You may engage a lawyer in Mumbai to ensure that the investigating agency is proceeding according to the law.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
You can forward your complaint through email, and the email address can be had from the Mumbai police website. Search for it, you are sure to get the proper address for certain.
If you could not find a POA agent, then you may engage a lawyer subsequently in Mumbai who will follow your case appropriately as per law and the prevailing situations.  
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
1. You can send your complaint by post/courier to the concerned police under copy to the DC/SP,

2. Preserve the proof of delivery of the said complaint which will be required by you later on to prove that you had lodged the complaint which the addressees,

3. Frankly speaking, you may not get any response to your said complaint and in that case you can file a Writ Petition before the High Court against police for its inaction and seek relief,

4. If you can find some one in India who can follow up the matters in India, you are expected to get quicker result.  

Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
you can file e-complaint before the EOW cell. it is cognizable offence and it is investigated by the police without permission of the court. you are a victim in this case so your appearance is necessary during investigation .  you can provide all document through email but you have to appear personally  for recording of your statement. 
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
you can send a letter to the court of judicial magistrate accompanied with all the evidence. court is empowered under section 190 and 200 crpc to notice of the commencement of the case and pass order of investigation either without  taking cognizance or taking cognizance respectively under section 190 and 200. 
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0

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