Cheating case
P.C. Joshi
(Querist) 05 November 2013
This query is : Resolved
Dear Friends,
We filed a complaint udner sec 138 NIA about two years back. The case is still at summuning stage as the accused has been avoiding appearance.
Someone advised me to file cheating case under 420. Is is possible.Whether police will register an FIR about an offence committed two years back. If police refuse to which court should I proceed. Does High court has a jurisdiction in this matter.
Thanks
P.C. Joshi
Raj Kumar Makkad
(Expert) 06 November 2013
High court shall never entertain criminal complaint in such matters.
You might have filed cheating case along-with the complaint filed under section 138 NI Act case. There is no possibility left for you as advised by someone to you.
Rajendra K Goyal
(Expert) 06 November 2013
Agree with the expert raj kumar makkad ji, nothing more to add.
P.C. Joshi
(Querist) 06 November 2013
My sincere gratitude to Raj Ji, Sudhir Ji and Rajinder Ji.
Raj Ji,
I have seen recently a asupreme court judgement wherein the SC has held that cheating case can be filed in case of cheque dishonour case even if there is a delay in filing cheating case.I will provide you the ref. of judgement.
Sudhir Ji,
Though, i have mentioned brief facts in my ist mail. But I will elaborate again:
the accused is a habitual offender and cheated 100s of companies. the modes operanti is that the accused targest big companies distributors and showrooms. very impressive personality talks fluently places huge orders gives cheques, takes deliver of goods and flee away after that. When the cheque is presented the cheque is bounced and the accused disappears and shuts down his office. I am one of the victim.
V R SHROFF
(Expert) 06 November 2013
FACTS ABOVE clearly falls U/s 406 , 420 of IPC. cheating.
He will be arrested , and no Anticipatory Bail can be granted
Raj Kumar Makkad
(Expert) 06 November 2013
If such person has cheated hundreds of similar companies then such person should definitely be brought under police case as desired. There is no need even for the discussed citation for that purpose. The reference of other similar matters should be given in the complaint.
