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in Procedural Law Criminal Law
Asked June 16, 2017

Cheated by Travel Agent for foreign trip

  • 1 Answer

Hello, In 2014, my brother and his two friends (one was his college mate), tried to go abroad and so called agent with whom most of my brother was in touch (only telephonic, they have not met) cheated us. Although other two were also talked with agent few times and also knew the risk involved. Agent convinced my brother that let other two guys go abroad first and you collect money and then i will send you. My brother took money from both and transfer to agent. Agent took both guys somewhere and agter getting money he let them go. They came back and came to our place with their parents. My father, who was not involved in this finally agreed to pay back their money and decided to bear loss. And decided not to put any case or FIR. Our Sarpanch was also there, amount to give each party (somewhat less) and approx date was decided. We paid both parties in last month of 2014. We have in written as well, signed and stump by Sarpanch. That this amount they gave to my brother now we will pay this amount. and receivings when we gave money. Now one of them called my father and asked for more money. My father denied and said all was decided and written. He (my brother collegemate's father) filed FIR in 2015, my went there and showed all written docs. Second party also came with us and said is was all decided peacefully with consent of all parties, there was no pressure at all. Police also written so in closure as there process is. We have FIR copy and all police statements, took by RTI. In FIR has written my brother and father came to their place and took money. But my father was not involved, never met any party before not even talked. Can we take any action in court on this, harassment or wrong FIR ??? Now few days back we got summon (brother and father) to come to court. It was some private court case filed (not know much), he filed during 2015 (during FIR). What should we do know? Has he already given statements from his side? What if he has given some fake statements? How court handle such cases? Please guide Thanks

Answer 1

Action against wrong FIR

Lodging an FIR with false statements is a punishable offence Under section 182 read with section 211 IPC. So you should immediately file a counter FIR against the Complainant under section 182 and section 211 of IPC.

Quashing of Judicial Proceedings

You should file a petition u/s 482 CrPC, before Hon'ble High Court, for the quashing of said FIR, on the ground that (a) No incidence of offence as alleged in the FIR has happened; or (c) the FIR contains “bare allegation” without attributing whatsoever “acts or omission” on the part of your father and brother, towards the commission of the offences.

In addition to this your father and brother can also file complaint in the court for the offence of defamation against your brother's friend.

How Court Handle such Case

Since you are summoned you should appear before the private court and contest the case on its merit. The court will hear the complainant in your absence only if you fail to appear before the court on the dates mentioned in your summon. If he has given any false statement you will get enough opportunities to counter them in your counter affidavit which you will submit before the Learned Court and on the basis of that affidavit if you are able to prove that previous statement given by your brother's friend were false and baseless then he can be charged with perjury as per Section 191 IPC and which is punishable under Section 193 IPC which prescribes the period of punishment as seven years imprisonment. So, If he has given any false statement gather the evidences and merits in your side, prepare proper notes to tackle the issues or allegations, with the help of the lacuna in the prosecution case, proceed with the challenge and get acquitted.

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