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Pankaj Kumar
in Cyber Law
Asked May 11, 2017

cyber fraud

  • 2 Answers

Cyber crime merchant fraud on A seller asked me to book a demo sony mobile phone and asked to transfer him online .. I transferred him a total 9000 through IMPS in the night on morning he told me to pick phone and pay rest of the amount but he is not picking up the phone number and whatsapp is still active . I have snapshots of imps account number ..chatting and recorded telephonic conversation . I have been to cyber cell lucknow. he said to file an FIR first then I was asked to file FIR in shahjahapur, then police is saying to forget my money as they don't even know how to email and they have other serious crimes to deal with. On quikr merchant showed location in mumbai ...his IFSC code shows bank location in gurgaon ..and mobile number in western UP.. Plz guide me best what I can do ? Is this necessary to File an FIR before cyber cell complaint? Can you file cyber cell complaint in Mumbai because I guess they'll be more sincere to deal with cyber crime ?

Answers 2

What police said is correct. Cyber crimes is result of many loopoles in the system. You cannot rectify all those defaults and get the actual address of the culprit, it may consume your life time, it is one part.

The next appraoch is you must fight against such people but should not take to heart if failed in your attempt. Better browse the internet and file the complaint with all the concerned authorities.

Agree Comment 0 Agrees almost 4 years ago

Your first legal recourse should be to file a complaints at the appropriate consumer forum. But if you do not want to take that legal course then you can file a criminal complaint under Sections 406, 420/34 and 120B if there are more than two people if you have an address where the legal notice can be served. It is good that you have all  the evidences that can help the police to track the concerned person. The difficulty and hitch of tracing the company would be taken care by the court and police. Also you can file a suit under Sections 43, 65, 66, 66A, C and D of the Information Technology Act along with Sections 419 of the Indian Penal Code.

As you have told that the police is refusing the register an FIR then under section 156(3) of CrPC you can register a complaint before a Magistrate. Always remember that the registration of a compliant will be done at the place where the incident took place, i.e. where the cause of action arose. For your convenience it should be the place from where you booked the phone.


Agree Comment 0 Agrees almost 4 years ago

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