Legal Advice

My friend took money by committing fraud

Query

My friend Amit asked for a favour from me. On 31st May he said that his friend Jaspreet needed 10000 urgent help. I transferred the money to Jaspreet account. When I asked for the money after a few days, Amit said that Jaspreet has given him the cash and ask me to collect the money. I waited, but Amit was never available at home. Now Amit never received my call or replied to my message so. I sent msg to Jaspreet telling her that never got the money. Also asked her to transfer the money to my account. She denied. Moreover, said Amit is hospitalised. However, the fact is that Amit is fine, and I have solid proof of him going to work. Now I informed Jaspreet that as I transferred funds to her account,  I will file FIR and police will contact her as well. Now she is saying that she will file harassment against me and also informed me that she would pay my money by 3rd Aug. Amit never picks my call. Can they file any case against me but the fact is I am so only asking for my money. What is your advise, please?

Advice

In the above condition, you can file an FIR against both of them for the offence of cheating, extortion and criminal intimidation. Your friend Amit by a deceitful act took away money from you. His friend Jaspreet was also involved in this case as a conspirator.

They have committed the crime mentioned above, and both are equally liable for that. However, it is not clear who was in the necessity of money at that time. Whereas, the Jaspreet admitted through her conduct that she knew about the transaction of money. At the time when the Jaspreet made a false statement that Amit is hospitalised, her conduct proves that she was aware of the incident.

No doubt there was a conspiracy between the Amit and Jaspreet to take money from you with no intention to make repayment. If the person takes money with the intention to return, then he commits no offence.  Because he had no dishonest intention at the time of taking of the money.

But when the person had a dishonest intention at the time of taking the money, he commits the offence of cheating. The cheating is a cognisable offence. Therefore, you can file FIR. However, the cheating is punishable with imprisonment up to 7 years, so the rule of limitation does not apply. Consequently, you can file FIR anytime without explaining the delay. It would be best if you wait until 3rd August.

The proof about the transaction of money is a good piece of evidence. You can use this evidence at the time of filing the FIR and also in the trial.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Criminal Law

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