withdrawing 406, 420, 120-b, 34

Software Engineer

Complaint for Cybercrime was sent via RPAD to police against ecommerce portal which did not deliver product and refund (read below) u/s 406, 420,120-B, 34. For 1 week police did not take action so complainant moved to court to have FIR registered and hearing is pending on it.

In the meanwhile complainant came to know that the portal did issue refund but did not inform complainant on the same. Portal return policy mentioned that they do not do cash refund and only gives vouchers but in this case they did refund. Before sending complaint via RPAD when complainant wrote emails to portal for delivery or refund, they did not respond nor mentioned that they refunded the money. Credit card company SMS or merchant account emails/sms of refund did not come so complainant was in dark that refund would have come and since the online order still showed "Processing" Status, complainant went ahead and sent RPAD.

Complainant wanted to find out which account the funds went so he sent support request to merchant a/c after sending complaint to Police and before going to court. On the date when application was submitted to court, merchant informs that the  money was refunded. This makes the entire base of complaint weak although portal still shows order as processing and did not respond on delivery and refund request mails stating that refund was actually done.

Complainant wants to withdraw complaint to avoid being put in any frivolous complaint charges. What is the process to withdraw at this stage. At this juncture police has only noted complaint in its diary and not registered FIR.



If FIR has not been registered u can withdraw ur complaint by sending a letter to the concerned police station where the complaint has been noted in G.D. 



bhuwan raj

Cell: 9839268489



Agreed. You can also ask the portal, Cc company why the wrong status was shown and communication on refund was not supplied.

In the event of FIR yet to be registered, you may move an application to the concerned police station to withdraw the complaint on the basis of the facts of the case.




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