Once the police station as well as the Magistrate have both rejected your complaint under Section 420 IPC, it implies that they do not find any offence of cheating committed in the transaction and that they consider it to be a civil matter arising out of dispute under the terms of the contract / agreement. So, in their view, it is not a question of deception being from beginning or from a later stage, on the other hand, they appear to be of the view that there is no cheating or deception at all.
On the face of it, it appears to be a civil matter and not a criminal matter. However, one may need to examine the relevant documents in detail to come to a final conclusion as to whether an offence of cheating is made out. You should consult some good local lawyer and show him all the relevant documents. If it appears that an offence of cheating is made out, you may have to challenge the order of the Magistrate before the higher courts. However, if it seen that there is no offence made out in the transaction, you should file a civil suit before the appropriate court to resolve your dispute. These appear to be the only possible remedies in your case.
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.
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