A person took loan from my father by pledging gold jewellery. However, this jewellery was subsequently found to be not of gold but some other imitation metal. My father filed a complaint under Section 420 IPC for cheating offence. But, police says that it is a civil matter and no cheating offence is made out. Police asked my father to file a civil suit for recovery of his loan. What should we do? Please guide.
Prima facie, it appears that the person who took loan by pledging fake gold jewellery describing it as genuine gold jewellery has deceived your father in a dishonest and fraudulent manner for taking the loan amount against such jewellery. It appears to be an offence of cheating. In fact, Illustration (e) to Section 415 of the Indian Penal Code, which defines cheating, gives a similar example:
“A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.”
If the police is refusing to register an offence of cheating, you may approach the Magistrate court under Section 156(3) of the Criminal Procedure Code seeking direction to the police to conduct investigation in the case, or alternatively you may have to file a private complaint in the court under Section 190 Cr.P.C.
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