in Criminal Law
Asked August 06, 2017

Cheated by friend for procuring visa

  • 2 Answers

My friend who is working in USA told me he is working for a Consultant in USA which has a Bangalore office at World Visa at Manipal Center at Dickenson Road in Bangalore. He offered that he can help me to get a USA visa through his consultancy for which he told me he will get that done for me in 50000 rupees. I gave him 25000 Now I came to know that he conned me for the money. I need help in getting my money back.

Answers 2

Legal Advice

1. If he is your friend you can still discuss with him and ask him to return the money within the certain period.

2. Issue legal notice thereafter.

3. Write letter to Indian Embassy to USA and ask for help.

4. File the criminal complaint.

Agree Comment 0 Agrees over 4 years ago

Do you have any kind of signed receipt or any document in which your friend acknowledged to have received this sum of Rs. 25000 from you? If no, then do you have any witnesses who can substantiate your claim? Any of the two will suffice for substantiating your claim, otherwise you will face difficulties in establishing authenticity of your facts.

Firstly, send a legal notice to your friend citing all the circumstances in which money was given and the purpose for which it was given. Wait for 15 days for him to reply. If you do not get any satisfactory reply you should file a money suit against your friend in a civil court. Try contacting your friend and get him acknowledge the fact that he  has received Rs. 25000 from you. If he acknowledges the fact then you will only be able to recover the sum for the next three years, as, after that your claim will be barred by limitation. The period of calculation of limitation starts from the date on which your friend acknowledged to have received the money from you.

I would also recommend filing a criminal case under S. 405/406 and S. 420 (Criminal breach of trust and Cheating and dishonestly inducing delivery of property, respectively) as an additional measure. The criminal charges will not stand in trial, but the judge will accept the case, and knowing he is embroiled in a criminal case, will encourage your friend to pay up faster.

You should also report this whole incident at the US Embassy and seek their help.

Agree Comment 0 Agrees over 4 years ago

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