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prabhu   20 January 2026

Query regarding insolvency and cheating

A filed IP against B, C and D(myself) in 2023. After inquiring about him, we found he doesn't have means to pay us back. Since then C has left the case. B and D filed counter. A has dragged the case till now by issuing notices to C who is not interested in this case as he doesn't want to waste more money. 

In between B filed cheating complaint with police against A and his brother father and mother trying to get money from his close relatives. But police closed the complaint as A had already filed IP. Then B filed creditor IP against A and his close relatives which is in notice stage. 

Now the original IP petition filed by A has been dismissed by the court last week for the lack of substance. Now B is telling me, D, that we shall file cheating complaint against A since his IP has been dismissed. Though the creditor IP filed by D is still pending in court. 

My question is whether we I can file the cheating case? I don't want to waste more money on this. 

 



 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 January 2026

 

Sounds like you're stuck in a messy situation with A. Given A's IP has been dismissed, you might have grounds to file a cheating complaint, but it's not a straightforward yes/no.

The pending creditor IP against A could impact this. Talk to a lawyer ASAP to get a clear picture of your options and avoid wasting more money. They'll help you decide if filing a cheating case makes sense given your situation. 

P. Venu (Advocate)     20 January 2026

To my knowledge, no offence of cheating could be alleged in the given facts.

Adv Shrikiran.B (Advocate)     21 January 2026

Inform the police about dismissal of the IP and seek to register cheating case against A. If the police still don't register the case, approach jurisdictional magistrate court and file a private compliant and seek for court's cognizance in the case rather than direction to the police to register FIR. Hope this helps.

 

prabhu   21 January 2026

I am more skeptical about B than A. Earlier he dealt alone now wants to join hands to file  cheating case

Could it be because he had already filed a creditor IP? 

T. Kalaiselvan, Advocate (Advocate)     21 January 2026

You can decide about joining B or ignore his request to join.

You know the situation and the prevailing circumstances hence you are the better judge to take a decision accordingly.

Dr. J C Vashista (Advocate )     22 January 2026

It is your personal decision to  join B or not. 

It is better to consult your lawyer or some other local prudent lawyer for proper analyses of facts / documents and professional advise. 


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