False promise for Government Job
A person took money (Rs. 6 lakh each) from me and my relative with the promise of securing a government job for both of us but he ran away. This man has previous cheating criminal record. How can I file a case against him to get back my money?
You can file a criminal case against the firm for cheating under Section 417 IPC.
Section 417 , IPC requires fulfilment of these conditions-
1. Transfer of money or property
2. Such transfer must be based on deceit or forgery
3. As a result of such transfer you have faced monetary/property losses.
In this case, you have transferred money, based on a false promise/fraud which has led to loss of money from your side.
In a case of equal or mutual fault [between two parties] the condition of the party in possession [or defending] is the better one. Where each party is equally in fault, the law favors him who is actually in possession. Where the fault is mutual, the law will leave the case as it finds it. This is the doctrine of pari delicto.
You gave away six lakhs for securing a government job, an act that is totally barred by law of which, it would be fair to assume, you were totally aware. The case of Virender Singh v. Laxmi Narain is applicable, in this case, the complainant demanded to be repaid for a sum of 80000 due to the failure of the accused to secure a job in Haryana Police for the complainant’s nephew. The complainant argued citing Section 65 of the Indian Contract Act, 1872 that talks about restitution of contracts. By restitution, it is meant that if it is discovered that the contract is void, then the parties should be restored to the same position they were in prior to the contract.
However, the Court said stated that the parties were aware of the contents and there was never an intention to enter into a Contract that can be enforced by law and hence, could not claim compensation. In the present case, there has been no exploitation since both the parties have attempted to flout the law and both the parties being pari delicto cannot claim the compensation in the Court of law. The fact that the person has a previous record of cheating would hardly hold any ground. So, under the law, there is hardly anything that you could do. Irrespective, you are advised to go and see a lawyer immediately.
Indian Contract Act, 1872.
Virender Singh v. Laxmi Narain, 2007 CriLJ 2262.
Research by - Ashwini Panwar, Lawfarm
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