Criminal

Fraud and cheating

A gentleman approached posing himself as an investor and promised to invest 2 crores for my business and gradually on one pretext or other he collected Rs 3 lakhs from me. All the money was transferred to his account. Finally he stopped responding once I insisted about the deal. Now his phones are switched off and the residence address he gave is fake. Finally it is I Understood that he is a fraudster and smartly collected 3 lakhs from me. The person is from bombay. There is an agreement entered with him. Upon enquiry we got to know that the address mentioned does not exist. Can you pls advise me how do we proceed against him.

Expert Advice


I concur with Vijender. If your Agreement is valid you can invoke it for breach/non-performance and in addition to this action you can pursue a separate Criminal complaint u/ss. 420 and 406 of IPC. Chances are that this person has executed similar agreements with other persons. If so and if you both are within Maharashtra, provisions of MPID may also apply. If the police fail to lodge an FIR despite your written complain, you can certainly move an application seeking directions u/s. 156(3) of Cr.P.C. I recommend that you consult a lawyer with details to review the best course of action moving forward.

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Do you have any agreement or paper about same what you have written in your problem. If you both have executed any agreement or paper in thes regard then you firstly send him notice through lawyer and then approach your nearest police station for FIR registration under section 406 and 420 of IPC. If the police station officer will take the cognizance then good immediately a FIR will be reguatered against your partner else after this you can approach to your area metropolitan court under section 156 (3) of Cr. P . C

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Advocate

, Mumbai

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