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yasaswi gomes (.)     22 June 2021

Cognisance and fir

Hi,

Mr. X was a pimp fifteen years ago and changed himself and started living a hardworking life as a brick industry layman without liking to relapse into criminal life. 

Mr. Y, a tinhorn, found out he was an ex-pimp and approached him with an offer asking him to invest in abc company shares which has an annual return of 90% and took upfront fee of 5,00,000₹. 

Mr. X accepted that offer and paid him the money through DD as he can have a better life, but Mr. Y stole that money from him and absconded from his office without giving him a job. 

Mr. X logged a 420 case with police and They caught him soon. Mr. Y without confessing first that he had cheated Mr. X, told the police that X was a pimp and hence he frauded Mr. X.

So Mr. X got angry and still persisted the police to log the complaint saying that this is unimportant to him and logged an FIR on Y and booked him up for 7 years. 

This is a fair treatment according to me and why is this not a fair treatment if anyone thinks it is?



Learning

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     22 June 2021

Hello,

Past history does not matter. Police should have registered the offence against Y as he has cheated Mr X. If the police refuse to register the offence against Y then you can approach the court and file a private case against Y. 

 

1 Like

yasaswi gomes (.)     22 June 2021

Your very accurately judging because I have another example

Partner A stole 20,000₹ from Partner B to drink alcohol and created wrong bills.

Partner B suspected this and waited for a chance to steal from A. After many years, unsuspectingly, B asked A 50,000₹ to get him foreign whisky and did not give him the commodity nor the money back.

A went to police and B denied everything and on top of that told the police that A stole 20,000₹ from him in the past. So, A got upset because B was dishonest and A said to the police that he never stole the money from B and convicted him for 5 years. This was possible because, B took justice into his hands and stole property belonging to A without seeking help from Police in the past. 


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