Cybercrime Complaint After NOC: Can You File Again?

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: A second cybercrime complaint after NOC is legally possible in India. The earlier written NOC does not erase the fraud if the ₹50,000 was never repaid. You must disclose the withdrawal and the NOC to the police, keep the cheque and all payment proof, and file a fresh complaint citing continuous cheating.

Arjun Mehta, 23, lost ₹50,000 to a man he had known for over a decade. The man, Rohit Khanna, claimed to run a small pooled investment circle in Indore with more than ₹30 lakh of other people's money, promising 4% monthly returns. A mutual friend had already put in ₹8 lakh. Arjun was suspicious but transferred the money on 8 March 2025 for a six-month term. By late September, Rohit had stopped taking his calls and blocked him. Arjun filed an online cybercrime complaint. Rohit's bank account was frozen. The next day Rohit called almost in tears, said his EMIs had stopped, and begged him to withdraw the complaint. Arjun visited the local cyber cell in Indore, signed a written NOC, and posed for a photograph holding a cheque for ₹50,000. A year passed. No money. The cheque was never banked. The account stayed frozen, and Rohit kept giving excuses. Arjun then approached the Chamber of Advocate Sudhir Rao after his own attempts had gone nowhere. The office of Advocate Sudhir Rao examined the NOC, the original complaint, and the cheque, filed a fresh complaint with complete disclosure of the earlier withdrawal, and the FIR was accepted. The money was recovered during the investigation.

Key Facts of the Case

• ₹50,000 was transferred on 8 March 2025 to an investment scheme run by a person known to the victim for over ten years.
• The accused promised 4% monthly returns and claimed to manage over ₹30 lakh from other investors.
• After six months, the accused stopped answering calls and blocked the victim.
• The first cybercrime complaint resulted in the accused's bank account being frozen.
• A written NOC was given at the cyber cell after the accused promised repayment and handed over a ₹50,000 cheque.
• A full year passed with no repayment, and the cheque was never encashed.
• Advocate Sudhir Rao's office filed a fresh complaint with complete disclosure, and the FIR was accepted.

Cybercrime Complaint After NOC: The Direct Legal Answer

Can you file another complaint after a written NOC?

Yes. A written NOC given to the police does not permanently bar a fresh complaint, especially when the money was never returned. The NOC may have closed the earlier complaint file, but it does not extinguish the underlying fraud. If the cheating continued or the money remained unpaid, a fresh FIR can be registered on the same facts.

Can it backfire against you?

It can if you hide the earlier complaint and the NOC. You must disclose everything. The police and the court will see the earlier withdrawal, the cheque, and the photograph. Being upfront protects you from an allegation that you misled the authorities. Present the NOC as evidence that the accused obtained it under pressure and gave a cheque as assurance, not as proof that the matter ended.

What about the cheque and the police photograph?

Keep both. The cheque is strong evidence of the accused's admission of liability. The photograph showing a ceremonial cheque does not prove actual repayment unless the cheque was encashed. In this matter, the cheque was never presented, which supported the fresh complaint.

Advice in Such Cases

If you have already signed a written NOC and the accused has not paid, do not wait for another year. One year of silence may weaken your case, but it does not destroy it. What matters is whether the accused kept up the pretence after you withdrew the complaint. The fresh complaint in this matter succeeded because it showed a continuous course of conduct: the frozen account, the tearful phone call, the signed NOC, the uncashed cheque, and then a year of excuses.

• Keep the original cheque, even if it becomes stale. A stale cheque can still be used as evidence of an admission of debt, though you may need to file a separate recovery suit or a cheque bounce case if it was presented and dishonoured.
• Preserve the written NOC and the police photograph. They show the accused obtained a withdrawal by promising repayment — not that the matter was settled.
• Collect your bank statement for the entire period to show that no ₹50,000 credit ever came back.
• Save every message, call log, and email. If you have a recording, mention it to your lawyer but do not rely on it alone; admissibility depends on how it was obtained.
• When you file the second complaint, disclose the first complaint number, the date of the NOC, and the reason you signed it. Full disclosure protects you from a later allegation of suppressing facts.

What to Do If You Are in the Same Position

Start with a written complaint to the police station or cyber cell that has jurisdiction. If the police do not register an FIR, ask for a written refusal. You can then send the complaint to the Superintendent of Police or file a private complaint before the Magistrate. In many cheating matters, a private complaint under the criminal procedure code moves faster than waiting for the police.

Before you go, prepare these documents:

• Copy of the first FIR or online complaint and its acknowledgement.
• The written NOC and the cheque (front and back).
• Bank statement showing the transfer and any repayments, if any.
• A two-line note explaining when you transferred the money, when you signed the NOC, and why the accused still has not paid.

If you are contacting the office of Advocate Sudhir Rao, you can email these documents to me@sudhirrao.com or use the contact page. Do not send originals by post.

Frequently Asked Questions

Facing a similar matter? Speak to a criminal advocate in Delhi — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.