Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Avinash Gaikwad (AVP)     07 January 2017

Police are not registering fir in cheating case

Dear Sir/Madam,

I am a NRI, residing in the State of Qatar.  I hope, you could assist me in this matter.

I purchased a commercial property in Maharashtra. A full payment had been made to the owner and agreement was formalized on 5 October 2015, at Sub-registrar office.

 In good faith, I agreed to lease the property to the same owner himself. However before effecting a formal rent agreement, I had to fly back to Qatar due to urgency of work. (The agreement was made, only my signature was pending).

Initially he deferred paying rent citing various reasons and lately did not pick up my calls.  When after several months somehow pick up my phone, to my surprise demanded additional amount of INR 250,000. He told me that he would not pay the rent, unless and until I pay him INR 250,000 and I may do whatsoever, he doesn’t fear to anybody.

(Herein it may be noted that the property was referred to me by first cousin and sister-in-law, when I understood they were deceiving me in order to earn money, I directly approached to the owner without their knowledge, who inadvertently told me the true rate, with which we went ahead and affected the formal agreement. My cousin and sister-in-law owns several properties in that area including the one rented out to same offender.  It was clear that this offender has colluded with them in order deceive me).

With this I left with no option but report to police.   I called to the respective police station and also made online complaint, per police advice I personally visited the respective police station on 18 March 2016 and met with the inspector on duty, she listened my complaint carefully and called accused in front of me and noticed gross discrepancy in their statements but still, refused to register a FIR or take written complaint from me. She told me that she would call accused to police station and will speak face to face after couple of days.  When after couple of day I called this inspector, she told me that she was busy as senior police officers visiting the police station and it was not possible her to take this matter immediately.

I explained her that I am NRI and could not stay that longer as I had to fly back to my work.  I again visited police station on 25 March 2016 and this time met with another inspector, who had taken my written complaint and but told that he will handover it to the same Inspector, whom I approached earlier.

Thereafter to date, I personally visited the concern police station several time from abroad and provided all supporting documentation, pursued the matter right from the concern police station to the commissioner office, made numerous calls from the local to higher offices and begged them for assistance to register my formal complaint but without any fortune.

In July 16 with my consistence follow up with the Police,  one of the PI summoned the offender to police station, when he agreed  to  registered agreement and  and pay my pending dues.  Accordingly a registered agreement was made in Sept 2016 for 11 months. He agreed to pay pending dues for the previous period also. But rental cheques were bounced, on complaimt, however he transferred the rent by RTGS. But after this, he stopped paying rent, instead again started demanding money from me, as like before.

I called police, but they took no action.

Last month, I visited India and met with respected Police Commissioner and handed over a complaint copy.  After that I met with Senior Police Inspector, who then called the offender. Though, the offender lied, I was able to prove the case with evidences.  I believe, with their experience and expertise, police was not privy to this matter.  When police questioned him, why he was asking money from me, he  tried to misled the police that he had not received amount against one of the cheque of the sale deed (he had never told me that, when he had been trying to extort money from me). I presented a bank statement and proved his lie. At the same time  he also told to the police that actually the agreed value is more than the agreement price, he therefore asking  that balance money (black money).

I demonstrated to the police, his dishonesty, however, police only took our statements and filed the case, after the offender agreed to pay my dues before end of December 2016 from the new agreement date and not to harass or extort me anymore.  I tried to explain to the police that they had deceitfully neither given me the rent agreement copy nor paid the rent for the previous tenure, which was, however ignored by the police.

I returned back to Qatar and kept reminding the offender to pay my dues, however he did not pay.  On 29th December 2016, he told me that his uncle has expired and he was outstation for cremation, however he assured, once he returns to Mumbai he will pay my dues (it may be noted RTGS can be done from anywhere)

When I called him again, he told me that he has not received money from his clients, once he receives, he will pay.

He has been cheating me for last one and half years giving various excuses.  He is taking the benefit of my foreign residency and I believe police’s approach to date in this matter only encouraging him in his misdeeds.

Why police are reluctant to register a FIR, instead citing it is civil matter? (which clearly not)

I don’t mind going in court, but most are advising that   it will be time consuming and justice may not be delivered and I will lose more money that what I may get  through the court proceedings (if it all)

Under such circumstances, what are options available before me?

 Which institution I may approach?

I look forward for your valuable guidance.

If you have questions or need any information, please do not hesitate to contact me

 

 Your faithfully

 

Avinash



Learning

 3 Replies

Adv. Yogen Kakade (+ 91 9225510883)     07 January 2017

Your query has already been answered in the other post.

Praveen Goud Vanga (Advocate)     08 January 2017

If the police are not registering the case then get it court referred by filing a private complaint in the court.

duly follow the procedure laid down by supreme court in Priyanka Srivasthava Judgement.

then your problem will be solved.

contact a criminal lawyer who can prepare a good complaint by bringing the legal ingridient of cheating and orther offences.

remember a complaint with vague allegationg will not make out anything.

contact an advocate and file a private in the court it will be referred to police and they will register the case.

 

https://supremecourtofindia.nic.in/FileServer/2015-03-24_1427189332.pdf

the above is link to the judgment

regards,

Praveen Goud Vanga

 

Nitish Banka (lawyer)     01 February 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

online FIR in Delhi –

How to file

Online FIR in Delhi can be lodged if you have lost mobile phone.wallet or any documents. The Delhi police has an online portal https://www.delhipolice.nic.in/ on which by just entering basic information you may lodge a Missing Lost articles and NCR report without visiting police station.

Online FIR in Delhi

What is NCR report?

NCR report is non cogniziable report which can be lodged for non-cogniziable offences as mentioned in Indian penal code.

Non Cognizable offence

  • A non-cognizable offence has been defined in Criminal Procedure Code as follows, “`non-cognizable offence’ means an offence for which, and `non-cognizable case’ means a case in which, a police officer has no authority to arrest without warrant”.
  • Non-Cognizable offenses are those which are not much serious in nature. Example- Assault, Cheating, Forgery, Defamation.

 

  • Section 155 of CrPc provides that in a non-cognizable offense or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate.

 

  • Under a Non-Cognizable offense/case, in order to start the investigation, it is important for the police officer to obtain the permission from the Magistrate.

Here are some Non Cogniziable offences include Public Nuisance, Causing Simple Hurt, Assault, Mischief etc.

Read more at: https://www.lawyersclubindia.com/forum/What-is-meant-by-cognizable-offence-Non-cognizable-offence-5849.asp

Purpose of the Online FIR Portal

Information you need to provide for successful reporting:

1) Name

2) Father’s / Mother’s Name

3) Address

4) Mobile Number (Not Mandatory)

5) E-mail ID

6) Place, Date & Time (if known) of Loss

7) Descripttion of Lost Articles (Can add upto 10 items in one report)

Please Remember:
This portal is not for registering FIR but only NCR that means it is simply an information for record and to facilitate you to get duplicate documents issued.

Police is not going to take any action or try to search for your loss items or documents after this reporting. If you want Police to trace your lost items etc,

please contact your nearest Police Station. List of Contact Details of Police Stations in Delhi.

Please do not use this option if loss is due to theft or some other crime.

Adv. Nitish Banka

9891549997

Lexspeak.in 


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