SURAJIT (Student) 04 September 2013

Cheating case need suggestion

dear Sirs

recently one of my friend qualified for an entrance conducted by state SSC. the entrance was for selection into say post A and post B. after certain years of service post B will be [promoted to Post A. both the post carry same pay scale.

after my friend qualified in the entrance he got a call from a lady if he needs any help for viva then contact PA to secretary of SSC and gave him his mobile number. as my friend was eager to get a govt job he contacted the mobile no. given by the lady. the person on the other side introduced to him as Mr X PA to secretary SSC and called him to his office for discussion. after 7 days my friend went to SSC office and came to know that Mr X is actually PA to secretary SSC. Mr X called him to outside and started conversation. in the mean time my friend apprehending danger in future switched on the voice recording mode of his mobile so that their conversion is recorded. mr X demanded rs 3 lakhs and assured him that he will be selected for post A. but my friend finalised the matter for Rs 1 lakh. then mr X gave in writing his home address in a piece of paper where money to be delivered.

after 7 days my friend transferred Rs 1 lakhs to his bank account from his own account so that he will have documentary evidence.

now after the final result my friend got selected for post B not post A for which he had paid Rs 1 lakhs to Mr X. and my friend is not interested to join post B.

my friend has got the voice recording of demanding money, evidence of money transfer, call details of mobile, hand written address by mr x on a piece of paper.

now pls guide me how can my friend get back his money ?

what legal action can be taken against mr X ?

Reply Follow

5 Replies

Sudhir Kumar, Advocate (Advocate) 04 September 2013

he is not getting his money back so easily. contract is illegal as object and consideration are illegal.whether it is central govt job?

reply urgently it is vital.

SURAJIT (Student) 04 September 2013

Sir

Can't we file a case against him. and he is a state govt employee.

Advocate Ravinder (Advocate/Attorney) 05 September 2013

If you file a cheating case against him, you too has to sit in the jail along with him. Because, your act shows that you are interested in getting the post, for that purpose you have paid him Rs. 1.00 lakh, hence you are equally involved in the offence. Hence, my adivce is to adjust with what you have. You are lucky you got the post, there are incidents who did not get the post nor the money is returned.

Sudhir Kumar, Advocate (Advocate) 05 September 2013

"Can't we file a case against him. and he is a state govt employee."

what type of case you want to file.

you can send PM.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 07 September 2013

Why is your friend such a fool? Your friend recorded the conversation, because he, at least, suspected that the other person was doing something illegal. Now, if your friend wanted to trap him, and that was the purpose of his recording the conversation, he should have informed vigilance and delivered the cash in marked currencies.

The next foolish act was to credit the amount to bank account. Now if that PA wanted, he can trap your friend. He can say that your friend offered him bribe and in order to produce proof, he asked him to pay the amount into his bank account.

Now having acted foolishly, better you consider that amount as the price for the lesson learnt. Now you stop going on telling everybody. You will not only become a laughing stock in front of others, but also will run the risk of being caught. Now do not join that organisation even if you are offered post-A. The Democles' sword of being found out and sacked, if not criminal action also taken, will be hanging over your head all through your career.