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5 years ago

Dear Sir,
I have applied for doing Ph.D. from CMJ University , Through ACE (Academy Of Correspondence Education, 23 Broadway Annex Mall, W E Highway Express, Borivali (E), Mumbai - 66. In 2013 February, I had paid the above academy Rs. 127000/- in two installment with cheque of Dena Bank. But as the university faced a fraud case, I asked Mr. Rajesh R (Director of ACE) to refund the money. After few months he issued two cheques to me amounting Rs. 100000/- and another one Rs. 27000/-. Both the cheque bounced due to lack of fund. All documents are with me. Then he refund me once Rs. 7000/- and once Rs. 10000/-. Afterwards he has stopped all phones, e-mail ID, as well as his web site of the organization. He has mailed me with promise, and also sms me with promise. But since 2016, I am not able to catch him. Tried to make complaint in Borivali Police stasion in May 2014, but they not taken any FIR. What to do regarding the same.

Ashish K Dongre

Responded 5 years ago

A.You cannot take criminal action for cheque bounce now, you have left with two option to file civil summary suit under order 37 and also you can file private complaint u/s 156(3) of cpc. you can also issue a legal notice before proceeding cases.
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Ambrose Leo

Responded 5 years ago

A.You should know Indian Ph.D. is not conferred by Correspondence. You should act quickly,If the Police Station refuses to file FIR you should approach the designated superior and you denied you can approach the court for directing the police to lodge complaint.Better to consult a senior Lawyer from Vidhikarya panel quickly to protect your interest.
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Kishan Dutt Kalaskar

Responded 5 years ago

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A.154 (3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who,
156(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.
Section 154 in The Code Of Criminal Procedure, 1973
154. Information in cognizable cases.
(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.
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156. Police officer' s power to investigate cognizable case.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.
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Ved prakash Shaw

Responded 5 years ago

A.U would have filed cheque bounce case within 45 days from the date of dishonour of cheque by your Bank but u have not done. Only solution is u file criminal complaint case against your college.For that u have to consult criminal lawyer.U can also file money recovery suit in civil Court with in 3 years from the date of return of cheque
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