Respected Sirs,
I want sum information, legal guidance on the following topic.
I have invested my hard earned money in the Infinity motors Thane. Which were offered lucrative scheme as invest the Rs. 1, 00,000.00 & get the Rs. 14,000.00 per month for three years. I invested the Rs. 4, 48,000.00 in this company on March 2007 & I received the agreement copy & receipt. I received the assured income for the 5 month. But that after Thane city police has taken the action on this firm under the IPC 420,465,34 & RBI act 1934 act 45 (5), 58 (B), 5A & closed their offices in the month of Aug 2007. In this case police has become a complainant & lodged FIR without having any investor's complaint. Further Thane city police transfer the case to EOW Thane for further investigation & filing the charge sheet in court. I have lodged my complaint with my investment details & history of the case with police, during the giving details police has not given me the acknowledgment, they told me your details will be submitted along with charge sheet with another investors claim. After investigation Police has filed charge sheet in Thane court in the month of June 2009. In this case one person Proprietor arrested and released on bell & his two other persons are absconded & not found till date & case is pending before the court. Under the RTI act I obtained the charge sheet copy from the court. After detailed study it is found that my name & claimed amount is not found in the charge sheet along with other investors claim. It is reveled from charge sheet that police has seized property, bank accounts, cash for Rs.2, 44, 00,000.00 & investors claimed principle balance amount with police Rs. 3, 05, 12,000.00 except my claim. Company is a not registered under company act.
In view of captioned facts and circumstances stated above please give me legal advice on the following points
a) Can I submit the application with affidavit before the Hon. Magistrate were case is filed for adding my name & amount in the charge sheet filed by the Police & issue the order to police authority for adding my name & amount through supplementary charge sheet.
b) Now can I file the civil suit in the Thane court for clamming the full invested amount with interest & other charges? As a being breach of agreement. Which civil suit is suitable Normal civil suit, summary civil suit or special civil suit?
c) Can I file the case in court for obtaining the "garnishee order". which is can done in this case?
d) Beside above please advice me any other suitable legal course of action for recover of my money.
e) If decree order passed by the court can this order acted on seized amount by police.
f) What the chances is for recover of my money through civil suit.
Regards
