LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pratap pratap (Student)     01 May 2022

Cheating case

Police register FIR in police station against job frauds done by couples ( both wife and husband ), after getting report what we have to do for further process in order to get money recovery.



Learning

 11 Replies

Advocate Y.K. Mehrotra (Advocate)     01 May 2022

Hello

Some Actions are treated as offences under IPC. Cheating is one such and has both criminal and civil remedies.

In order to recover the money, a recovery suit is filed before a Civil Judge.

I am an advocate. You can contact me at ykumarmehrotra@gmail.com 

Pratap pratap (Student)     01 May 2022

What we have to do after registering FIR in police station,how many days it will take to file a charge sheet against the cheated couples, and what we have to do thereafter?

Advocate Y.K. Mehrotra (Advocate)     01 May 2022

Once an FIR is registered. The Police will conduct their investigation, framing of charges and then the accused in the presence of a Magistrate will frame the charges and the proceedings will go on.

As for how much time, "it depends" on how swiftly the police prepares its Final Report of the offence. In short, it may take 1 day to even a year or more depending on which State/ city you are in.

But for recovery of money you must have to apply through a RECOVERY SUIT before a civil judge. 

Pratap pratap (Student)     01 May 2022

Shre ur contact number sir.

Advocate Y.K. Mehrotra (Advocate)     01 May 2022

Here is my contact number sir 8130714043

G.L.N. Prasad (Retired employee.)     01 May 2022

The recovery in a criminal case is difficult and you have to explore the possibility of civil remedy also.  By punishing the guilty a victim may get satisfaction and recovery depending on other aspects of such funds available for attachment of the accused property.

Pratap pratap (Student)     01 May 2022

Their parents have property such as land and house

Dr J C Vashista (Advocate)     02 May 2022

It is advisable to consult your tutor / coach / professor since this platform is to help needy litigants and not to impart training or solve problems confronted by students.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     02 May 2022

There is no time limit prescribed under the Code of Criminal Procedure, 1973 for completing the investigation of an offence and filing of charge-sheet before Courts except in rape cases. Section 173(1) of Cr. PC provides that every investigation shall be completed without unnecessary delay.

Gagandeep Goel (Advocate)     03 May 2022

After the registration of a fir, the police will conduct its investigation and submit a chargesheet. The police can also recover tainted money but the criminal proceedings are not meant for the recovery of money. Parallely, you can avail civil remedy by filing a recovery suit against the person who has Cheated you and you can get his property is attached before judgement under the provision of order 38 rule 5 of CPC and the copy of a fire should be annexed along with the said civil suit.

The civil court shall grant an immediate order in your favour and The property of the accused shall be attached by the court so that if your money is to be recovered then the same can be done expeditiously by the civil court.

This remedy may not be known to many lawyers but it works like charm.

 

Regards

Gagandeep Goel, Adv

987 220 6969, 88173 00001.

masterlegalwork@gmail.com

Santhi Vv   06 May 2022

if the case of 420 cheating is filed along with the sections of forgery of a will deed, how can we file a civil suit for recovery of money or damages? I don't want to file a partition suit Or suit for cancellation of will deed... which costs me heavy expenses... pls guide me. The accused is having a house registered in his name.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query