cheating case – FIR u/s 406,420 IPC filed-but after 4 months charge sheet not filed

[Sivaraman Sivaraman]

I am Sivaraman,60. Started business. The first business ended in cheating by a professional cheater. He received the stock worth of 12 lakhs under false promise that he will send the ost under RTGS on receipt of consignment. But after receipt he gave 2 cheques to the amount. (Also he signed in the invoice that the stocks were received in good condition). But both the cheques were bounced due to insufficient funds. I lodged a criminal complaint with the Police. With the Police, he promised to pay the amount in two months’ time in writing. But he did not do so. In the meantime, he filed a false civil suit that he has already returned the amount and wanted to return the cheques – to threaten me not to proceed further.The civil suit is pending. Then he influenced the police not to proceed further. But I got direction from the High Court and based on which the FIR has been filed u/s 406&420.He is in AB. But even after the lapse more than 4 months, the charge sheet has not been filed. In the meantime I filed a cheque bounce case under 138 NI and the case is also pending. The cheater is very tactic to escape from the cases. There are a lot of victims in his career of cheating for more than 8 years. He is influenced in police department. Under these circumstances:
1. What to do for filing the charge sheet? 2. Can I succeed in the police case, as the cheater has a nexus with the police? 3. How long will he be in Anticipatory Bail? 4. If the charge sheet is filed, will he be arrested by police or be released again on regular bail? 5. What should I do to contain it? 6. In the even of winning the cheque bounce case, how can I redeem the amount, as the professional cheater will have his properties secretly. Please reply sir, Yours Faithfully, G.Sivaraman.

[Dr. Ashok Dhamija]

There is no fixed period for completion of investigation in such type of cases. A period of 4 months is not excessive. In a documentary case, sometimes, it may take much longer period to complete the investigation.

If you do not have the basic confidence and trust in police, then why did you ask the high court for investigation by police? You could have filed a private complaint case directly in court, in which scenario you could have yourself conducted the trial (including through your advocate) in the court with no involvement from police.

Anticipatory bail, once granted, will generally continue till filing of charge sheet. After that, it may be converted into regular bail by the court.

After filing of charge sheet, he is likely to be released on regular bail, as he was on anticipatory bail throughout. However, it is up to the court.

In the cheque bounce case, usually the court would impose fine from out of which compensation may be paid to you equivalent of the cheque amount. Of course, he must have some property or money to pay back. It is for you to keep track of his properties. There is a procedure laid down in the Criminal Procedure Code for recovery of fine.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Sivaraman Sivaraman]

Thank you sir for reply and thank you for your service being rendered to those who are dark.

G. Sivaraman.

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