• Who will handle financial cheating case in supreme court

Hello, 
one of my opponent supreme court lawyer is trying to take a Financial cheating case (like a MLM or investment company) worth 20 crores to CBCID by putting petition in supreme court. What is the possibility that the Case will moved to CBCID ? What supreme court will direct? What basis CBCID will take a financial case ?
Asked 8 years ago in Criminal Law
Religion: Hindu

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9 Answers

How on could make comment on this query without knowing a single fact about the case.

Do note that an advocate can not advice on merit of a case without knowing full history and going through the relevant case paupers.

Devajyoti Barman
Advocate, Kolkata
23128 Answers
505 Consultations

5.0 on 5.0

There is very less possibility for passing any order until and unless the SC think fit and proper that there is a failure of the Local police or there is any political involvement in this senerio by which local police can not investigate the matter fair and properly.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

supreme court will direct the petitioner to file police complaint under section 420 of IPC .

2) if police complaint has already been filed SC would not like to interfere in the investiagtions

3) CB CID nvestigates serious crimes including riots, forgery, counterfeiting and cases entrusted to CB-CID by the state government or the High Court.

4) nvestigates serious crimes including riots, forgery, counterfeiting and cases entrusted to CB-CID by the state government or the High Court.

5) Para 861.1. Police manual Functions of Crime Investigation Department are:

A. Investigation of specified cases and cases entrusted by the Government and DGP.

(4) Whenever it is intended to launch a prosecution in a case in which apparatus or materials for counterfeiting coins or forging currency notes have been seized, the Scientific Section of the Crime Branch, Criminal Investigation Department, should be asked to give expert opinion before the case is put up in court.

Under Para 861-1, it is open to the Government or DGP to entrust the investigation of specified cases to CBCID. As per PSO 1031, cases of fraud, theft, or cheating or being of such nature which affect more than one district or cases which are of such nature in the opinion of DGP call for investigation by an officer of Crime Branch can be entrusted to CBCID. While transferring a case/entrustment of case to CBCID by withdrawing the case from a regular Police Station or Crime Branch of Police organization, no elaborate reasons, need be recorded nor be communicated.

Ajay Sethi
Advocate, Mumbai
96215 Answers
7742 Consultations

5.0 on 5.0

as on date no case has been filed .

2) if at all any forged documents are created to file false case against you before SC then you have to engage a lawyer practising in SC

3) you can always obtain AB from sessions court in case any such case is filed against you

4) in case SC so direct CB CID will take up the case for investigations

Ajay Sethi
Advocate, Mumbai
96215 Answers
7742 Consultations

5.0 on 5.0

An offence under Section 420 of the Indian Penal Code is committed by a person when he cheats another and thereby induces the other so deceived to deliver any property etc. The term "cheating" has been defined under Section 415 of the Indian Penal Code. In every offence under Section 420 I.P.C. the element of cheating must be present. The essential ingredients of cheating are (1) deception of any person., (2) (a) fraudulently or dishonestly inducing that person:i) to deliver any property to any person, or

(ii) to consent that any person should retain any property, or

(b) intentionally inducing that person to do or omit to do anything which that person would not have done or omitted 1o do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.

2) Deception is the essential ingredient of the offence.

3) . In State of Kerala v. A. Pareed Pillai it has been held by their Lordships in the Supreme Court as follows.:

To hold a person guilty of the offence of cheating, it has to be shown that his intention was dishonest at the time of making the promise. Such a dishonest intention cannot be inferred from the mere fact that he could not subsequently fulfil the promise.

Ajay Sethi
Advocate, Mumbai
96215 Answers
7742 Consultations

5.0 on 5.0

Hi

1) Supreme court does not Direct cases to be filed with CBCID Etc.

2) Only High courts have the powers to direct the state government to look in to the issue that too if the Complaints filed are not registered as First information report by Police department.

3) State governments alone have the power to transfer the case from Police department to CBCID.

4) For a financial cheating issue first and foremost a complaint has to be filed in local police station (for offences of value less than Rupees 30 lakhs) or Central crime station(for offences of value of more than Rs30 Lakhs)

5) Depending on the nature of complaint and the number of complainants, the SP/DSP will direct the Economic offences wing to look in to the matter (Economic offences wing will look in to cases such as frauds in Stock market/ MLM /Commodities/Chits/Foreign exchange violations etc) . These are criminal cases.

6) If it is case of cheating ( example money taken and not repaid, share trading without client consent, fraud documents, forged documents etc), police will issue notice under section 41 A of Cr.P.C and based on circumstances will arrest the accused.

7) If you are apprehensive that the FIR is being filed, you can always take anticipatory bail from court.

8) It all depends on nature of offence and the complaint. So it is suggested that you start engaging with a lawyer in your neighbourhood to plan a strategy for your self defense, prevention of arrest etc.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

one of my opponent supreme court lawyer is trying to take a Financial cheating case (like a MLM or investment company) worth 20 crores to CBCID by putting petition in supreme court. What is the possibility that the Case will moved to CBCID ? What supreme court will direct? What basis CBCID will take a financial case ?

If your opponent lawyer is trying to file a petition seeking CBCID intervention or taking over the scam case, the court will decide about the disposal based on the merits of the petition filed before it.

Actually what is your question and what do you want to clarify?

T Kalaiselvan
Advocate, Vellore
86411 Answers
2296 Consultations

5.0 on 5.0

There is no case has been filed so far. A group of people created forged documents against me, and they plan to proceed for a case with the help of advocate in supreme court. They have made compliant that I have cheated 20 crores in a local police station, but the advocate says that this issue cannot be dealt in local station, so i have filed a petition for moving to CBCID in supreme court, after supreme court opens, I will get a direction to CBCID who will take this case and arrest you to find truth, this is the statement from that advocate. What is the possiblity that this can be taken by CBCID ?

The advocate whoever told you this is just trying to frighten you. He cannot file a petition directly before supreme court for getting this complaint transferred to CBCID. First of all the local police has not given any remarks to this hence let that advocate tell anything, you defend your case through your advocate properly.

T Kalaiselvan
Advocate, Vellore
86411 Answers
2296 Consultations

5.0 on 5.0

understand, For a financial cheating issue, There is only possibility that a Economic affairs police will take it or Criminal case can be filed.For example, What are the grounds required for a case to file in 420 or as other criminal case?

so financial dispute can be filed by which police department?

What is difference conditions for considering it as a criminal case or civil case?

If it is a criminal case,they will arrest me?

This case will be dealt or handled by the Economic offences wing police.

If FIR is registered then they may even arrest you hence better take AB to present it.

Civil case will be filed for recovery of amount.

T Kalaiselvan
Advocate, Vellore
86411 Answers
2296 Consultations

5.0 on 5.0

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