Advise needed regarding a cheating case
Dear Learned forum Members
I purchased a new commercial vehicle through bank loan and leased the vehicle to a person with proper agreement that every month remittance shall be made to my loan account for X period of time .
The person paid some three installments in the beginning and started defaulting.
He never attends my call nor acknowledges my notice as the notice is returned as door locked.
I lodged a police complaint and he was summoned to Police station and he requested me for some time and gave a undertaking to the police station that dues will be cleared and there will be no further default.
And gain after one month he started defaulting and was once again summoned to Police station based on my complaint he was summoned to police station and once again he gave a written undertaking that pending dues will be cleared within that month.
But he did not and after two months paid one installment which resulted in some 38000 remaining unpaid to the bank on my behalf.
Also he had given a cheque of certain value as security deposit and on his default -second time -when I presented the cheque it came back with a endorsement of insuffeicent fund.
He is not clearing the dues but also is not returning the vehicle and has hidden the vehicle and his mobile is switched off .
Again i approached the police station and he AGAIN who initially refused to register FIR as I found that they were influenced by the opposite party with the help of some local politicians.
After I approached the Jurisdictional DCP of Police with my grievances the police have now registered a FIR under section 420 and 403 IPC .
Is section 405 is also applicable
Request the Honourable forum members advise on how to recover the vehicle and dues and further steps to be taken as early as possible as I have a travel plan abroad.