Jameela (NA) 03 March 2015

Jurisdiction in fraud cases

I have purchased a property in Panvel, Maharahstra with an MoU in 2006, paid more than 60%. Now I got to know that vendor V have cheated on me by supppressing important facts w.r.t property. Also the property was sold to them by a predecessor owner P collusively with them to sell it further. Q got the property from Q. by a mutual false declaration to revenue authorities for which a case and FIR been regiistered against Q.

Now I reside in Mumbai. V and P in Mumbai but Q in panvel. My doc is executed in Mumbai, Doc between V and P in Mumbai and doc between P and Q in Panvel.

Now I want to file criminal case /FIR against all V, P, Q for cheatineg me in respect of the property.

What will be jurisdiction for each to file criminal case. Can I file criminal case for all in Mumbai?

In case if I want to file case for specific performance where should I file?

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4 Replies

Sudhir Kumar, Advocate (Advocate) 04 March 2015

where did the cheating take place?

where the document was registered?

where did you suffer because of cheating?

where money transaction took place?

where the fraudulent offer was conveyed to you?

where did you receive such offer?

any opne of the places can have jurisdiction.

Jameela (NA) 06 March 2015

thanks a lot sir

transaction, agreement with v and me took place at mumbai,

transaction with predecessor owners took place as below :

betwwen v and p in mumbai, p and q in panvel. property in panvel.

as such cheating by v with me took place in mumbai.

from your indications it looks i can file criminal cases in mumbai though the proprty is in panvel.

can i file civil case of specific performance in mumbai.?

Sudhir Kumar, Advocate (Advocate) 07 March 2015

case for specific performance can be filed on where the property is. criminal case can be filed where you are cheated regarding the property or where the property is.