can i register FIR or not ? what is the way out to get money back
3 years ago
i gave 5 lakhs Rs. to some one through one finance advisor. Payment was made via net banking and cheque directly to that man. Financial advisor told that i will get 10% every month. I got 10% of 5 lakhs for two months and then that man stopped paying ,and didn't pay even for months. Then Financial ADVISOR told him to refund full money .That man gave cheque of rs. 36 lakhs as there were around 15 more people excluding me. The cheque got bounced and now financial advisor has filed case under 138 on behalf of all 16 people. I approached police for FIR from my side but SHO is refusing and telling that once matter is in court and my name is also there ,parallel fir/investigation can not be done. please guide can I FILE SEPARATE FIR FROM MY SIDE OR NOT ? how to expedite the matter as due to lock down only dates are given by court ,till today that man has not deposited even money i.e. 20% of cheque . how i can get my money back fast as need money next year for my daughter's marriage.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Since the matter is already pending before the court and you are a party to it, you can wait for the relief from the court in the matter already pending before it.
Since the matter is already pending before the court and you are a party to it, you can wait for the relief from the court in the matter already pending before it.
You can lodge FIR and if already registered then you will be treated as one of the victim/witness which is sufficient.
Please give me RANK FIVE (5) if my answer satisfies you.
Suneel Moudgil
Responded 3 years ago
1. anyway, since the matter is already pending in the court through the financial advisor, therefore, you can not enter into the picture, however, after going through the relevant documents (138 complaint) a prompt advice can be given,
2. your separate complaint may have contradictory facts with the averments mentioned in the 138 case, so, AVOID, however, a complaint under section 420/406 can be filed
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