• How to file a case on a guy who cheated us for 10 lakhs

HI all , 

I need your assistance in filing a case against a guy who has taken 10 lakhs from few of us and ran away almost 1.5 years back. when I approached police on various occassions they told me to file a case first. So please guide me how to proceed. Thanks in advance.
Asked 9 years ago in Civil Law

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6 Answers

What proof do you have of having given him the amount? Was the transaction documented?

Ashish Davessar
Advocate, Jaipur
30814 Answers
975 Consultations

1) how was money advanced by cash or cheque?

2) do you have any letter from absconder wherein he acknowledged receipt of 10 lakhs ?

3) if so file summary suit for recovery of Rs 10 lakhs with interest

4) also file complaint of cheating , criminal breach of trust against the absconder with the magistrate if police refuse to take your complaint

Ajay Sethi
Advocate, Mumbai
97952 Answers
7943 Consultations

Hello,

1) If you are able to substantiate money has been given to the guy either through documents or otherwise you can file a suit for Recovery against the person in a civil court.

2) If the person has issued cheques and they returned unpaid on presentation you can find a case for Cheque Return against him.

3) It is important to know the manner in which money was borrowed by him to advise you more precisely.

4) The police is misguiding you by not taking your complaint. Once you have filed the case the police would tell you that the matter is in the court and their hands are tied.

5) First of all send a legal notice to the absconder in the address you have available for him. If he notice returns proceed to file a case against him in the court.

S J Mathew
Advocate, Mumbai
3602 Answers
175 Consultations

1. state your fact in detail. if you have any evidence to prove that money was given to him either for loan or any other lawful purpose and he evade himself to return back then you have right to file FIR.

2. In FIR you have to show that a cognizable offence has been committed and investigation is needed for bring the culprit in the court of justice.

3. you may file complaint under sec 200 crpc if police refuse to register fir.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

You should have documentary proof for lending such a huge amount hen only you can file a money recovery suit, without which you cannot file any suit for recovery. First you issue a legal notice demanding the repayment of the amount,railing to respond or comply, you may think of the option for recovering it through a civil suit.

T Kalaiselvan
Advocate, Vellore
88152 Answers
2382 Consultations

1. Do you have any evidence in support your allegation that he had taken the said nloan from you which he had assured to repay within certain period which has now elapsed? Have you taken any cheque from him towards the amount to be repaied to you?

2. If the above answer is affirmative, then a crime has been committed against you by that person,

3. File a Recovery Suit against the said person claiming return of the said amount with interest, damage and cost,

4. Before that send a complaint letter to local police station u/s to S.P./D.C. by speed post.

Krishna Kishore Ganguly
Advocate, Kolkata
27538 Answers
726 Consultations

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