Upgrad LLM

filing under ipc 211


Respected forum members, 

In order to file a case under IPC 211, I came across judgements barring filing 211 under 195 Cr PC. Pl enlighten me if I can file 211 while proceedings should be pending in court or after conclusion of legal proceedings? Can I file a pvt complaint or it should be by a public servent only?

I am specifically reading this  :

http://indiankanoon.org/doc/108586/

pl help

ANKIT

 
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Hello, 

 
I am a student, and I am a victim of a cyber fraud that has happened to me on 1st October, 2014 on my SBI Credit Card. 

From 9 September, 2014, I have been continuously receiving phone calls from few people based in Delhi, from unknown different numbers. They use to call me regularly for giving me schemes for free. They insist themselves as a SBI Card employee & they were calling me before I received my credit card, I received my credit card on 13th October. They also know my Credit card 16 digit number already. How can these people get this type of details?

During that period I was getting many phone calls for address verification, so It was very hard for me to realize a fraud call who knows my Contact no & Credit Card number already.
 
On 1st October they finally gave me a scheme and told me that they need my credit card information to do a transaction  for receiving lotto shoes, free shopping of 9,000, and 30% kind of discounts, foreign tours, free food.. etc. 
 
After taking my credit card information, they asked me to give the OTP that received on mobile phone. Innocently, I did gave them the OTP password.
 
After waiting for few days, when I did not hear any thing from them, I tried to call them, on all the numbers I received calls from (Multiple Numbers). No phone numbers are now reachable. They switch them off, don't pick. These numbers are not even on true caller. 
 
Here is the SMS I received during the transaciton

"OTP for trxn. on shoppinggyan_PayTM for INR 8886.00 on SBI Card no. 3305 is 036938. This OTP is valid for 10 min only. Do not share it with anyone."

This is their fake website http://www.shoppinggyan.in/index.php?route=information/contact
 

I have blocked my credit card from SBI customer care yesterday on 8th October 2014.

Here are the call numbers from which I have been receiving phone calls: 
9268000905
9136933620
9136924020
9213188801
8459666974
9136250656


Please let us know if any thing you need. I have all of their conversations recorded in my phone.
However, I contacted them today 9th october 2014 with a telephonic conversation, & they refused to provide me the refund. They insist that they have no fear of police, said do what ever you can do !

01/10/2014 shoppinggyan_PayTM MUMBA IN      Click to convert into Flexipay 8886.00 Dr.
I issues this credit card for a developer account on Android, and on behalf of a fixed Deposit worth Rs. 20000/-. I am in a situation where my parents will kill me, if I fail to retrieve this money. You can call me for any more info you need from me. 
 
Help !! 
 
Thanks 

Vivek Warde

 
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Lawyer

Make a complaint to the Police. 

 
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Business

@vivek

1) tell your parents. They'd know soon about it anyway and this situation will not be resolved in a short time, if at all, in your favor.

2) SMS you got clearly says do not share with anyone. Yet you did. You are then liable for the transaction that subsequently happened. 

3) did you record the call asking for your OTP and your giving it ? That and all other recordings could help you.save the original recordings, SIM card and Mobile. Take backups.

4) as already said, you will have to lodge a police complaint making sure you get your facts right. Your claim,if at all, will lie against the person who used your OTP, based upon evidence you provide to Police and their further investigations.

5) The Credit Card issuer will collect amounts from you. Delaying this will not help you IMHO.

7) you should ask the website proof of what actually has been purchased and the address it has been delivered to. You / Police will need it.

 
Reply   
 

Ya I have all of their recordings automatically recorded in my android phone
 
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Dy Director

agreed with Mr Thukral.

 
Reply   
 
accounts officer

Filing F.I.R. is the best option...

 
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