A.
Dear client,
If someone is a victim of cyber fraud through a Telegram channel in the name of MMTC PAMP digital gold bidding, and has already lodged a cyber complaint but is struggling to recover the money due to the scammer’s bank accounts showing zero balance, there are still several legal remedies and options available under the current laws including the Bharatiya Nyaya Sanhita, 2023 and the Information Technology Act, 2000.
The victim can pursue the matter by ensuring that the police or cyber cell has registered a proper FIR under relevant provisions such as Section 316 for cheating, Section 336 and 338 for forgery and using forged electronic records, and Section 66D of the IT Act which deals with cheating by personation using computer resources. Since large amounts were involved, the matter can also be escalated to higher cyber authorities, such as the State Nodal Cyber Officer or the Superintendent of Police (Cyber Crime), and the victim should regularly follow up on the cybercrime portal using the complaint ID.
Further, complaints can be filed with the banks that facilitated the fund transfers, requesting account freezes and full KYC disclosure of the beneficiaries, and attaching a copy of the cyber complaint as supporting evidence. If the banks or UPI services do not respond appropriately, the victim has the right to file a complaint with the RBI Ombudsman. In case the local police fail to act, the victim may also file a writ petition under Article 226 of the Constitution in the High Court, seeking a direction for timely investigation and freezing of digital and financial assets related to the crime. Although Telegram often does not cooperate with individual users, a detailed report of the channel’s activity, along with screenshots and links, should be submitted to their abuse email and also to CERT-In and the Ministry of Home Affairs to consider blocking the channel under Section 69A of the IT Act.
If there are other victims of the same fraud, it is advisable to come together and file a joint representation before the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA), given the substantial amount involved.
This may increase the chances of a serious financial investigation and asset recovery. While recovering money in such cases can be difficult, persistent legal follow-up, formal complaints to appropriate regulatory and law enforcement agencies, and judicial intervention through High Courts remain the best possible avenues for redress and recovery.
Posted On 14-Apr-2025
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