Cheated on matrimonial site
Posting on behalf of my friend: She is a divorcee, met someone in a matrimonial site and started talking to him. He is a doctor by profession, and he has told her that he is in the process of becoming a director of a hospital for which he has to give his share as deposit or something like that. For that he has requested her to help him with 8 Lakhs. He had told her that his property loan process is in the way, and he will return it with 15 days. (Email statement shows that he is persuading her to pledge her gold and give him 8L, it also states that he will return within 15days with interest). She pledged her gold and transfered the money through bank transfer to him. After a month or so, she was in need of some urgent money, and has asked him. But he keeps giving excuses, each time a new excuse stating he is having problems etc. We suspect he is not genuine, since it is already 90 days now, we would like to file a criminal case on cheating. We would like to know how it proceeds, and how long will it take to recover the money back. She has even asked him to give post-dated cheques, but he refused to give citing IT scrutiny of his bank accounts!!!
You should file a police complaint and get an FIR registered against him. In case no FIR is registered by the police you can approach the court under Sec 200 Alongwith an application Under sec 156(3). The court may direct the police to register the FIR under 156(3) or may take the cognizance of the matter under Sec 200. This would take care of having him punished for his misdeed. However under Sec 420 IPC you will have to establish that his intention was dishonest even before or at the time of taking the money. In case his intention turned dishonest subsequently it will be difficult to prosecute him under the same.
As far as the recovery is concerned, you should file a suit for recovery. But before that you should send the legal notice for recovery of the amount, may be your issue gets resolved through this itself.
It would be difficult to substantiate such claims to launch a criminal prosectuion. Although, prima facie, it appears as deceiption, still, you need to support with strong materials as evidence to convince to initate a criminal case. Obtaining a PD cheque would certainly help to file a criminal case in case of default.
Appreciate your feed-back to my answer.
You can logde a complaint with the concerned police department. Also you can file a case for recovery of amount as you have all the documentary proof. but dont admit to being a money lender.
Adv. Karan K. Sachdev
If you want to be formal and inform him first, about whats coming next then you can very well send him a Legal Notice via an advocate. This notice should contain the consequences of not complying with the conditions mentioned in it within a stipulated time period as well as the next step that you are willing to take – in the form of filing a criminal complaint against him in the court of law.
Initiating a criminal proceeding against him can be done in two ways :-
As far as the time frame of the entire proceeding from the initiation till the judgement is concerned, no advocate can guarantee or ascertain as to how much time would the recovery of money by legal means would take.
Legal provisions coming to your aid are – section 405, section 415 and section 420 of IPC.
Section 415 of The Indian Penal Code defines Cheating.
Section 420 of The Indian Penal Code talks about Cheating and dishonestly inducing delivery of property.
Section 405 of The Indian Penal Code mentions Criminal breach of trust.
Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below
 Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”
 Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
 Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”
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