Fake Job Offer Abroad Scam: How to Recover UPI Money and File a Criminal Case in India

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.

Rohan Gupta, a young professional from Nagpur, received what appeared to be a perfectly legitimate job offer from a well-known hotel chain based in Dubai. The offer letter looked flawless — company letterhead, an attractive salary of AED 8,500 per month, and a detailed employment contract. They told him that his work permit and visa formalities would be processed through a "travel coordination office" in Gomti Nagar, Lucknow. Everything seemed above board.

He paid ₹40,000 via PhonePe UPI for "visa processing fees" in late February 2025. Days later, another demand arrived: ₹52,500 more for the "work permit clearance." The emails came from unofficial Gmail-style domains. Forms they sent turned out to be generic templates with no legal value. And of course, a full refund was promised after joining. That promise, he'd soon realise, was the oldest trick in the book.

Money gone. By the time Rohan caught on, he had already transferred funds to a personal UPI account, not any corporate entity. He raised an immediate fraud complaint with his bank, Kotak Mahindra Bank, and got a complaint reference number. He had also flagged the transaction on PhonePe. But the bank's internal process stalled, and for weeks he got no concrete response. The scammers kept messaging him, pushing for more payments.

A family member referred him to Advocate Sudhir Rao. Earlier, Rohan had approached a local general practitioner who drafted a basic consumer complaint, which, while well-intentioned, missed the criminal dimensions entirely and didn't address the cyber fraud angle with the urgency it required. With a structured approach covering an FIR under the Bharatiya Nyaya Sanhita, a parallel complaint to the National Cyber Crime Reporting Portal, and coordinated pressure on the bank through proper legal channels, the matter gained traction. A significant portion of the frozen transaction amount was recovered, and the investigation was formally set in motion.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

File on the Cyber Crime Portal immediately: Go to cybercrime.gov.in and report the fraud without delay. Early reporting allows authorities to flag and potentially freeze the recipient account before funds are moved further down the chain.

Preserve every digital trail: Don't delete chats, emails, or screenshots. Don't call the scammer again after reporting — every contact becomes evidence. Save the UPI transaction IDs, screenshots of the offer letter, and all documents they sent you.

Push your bank formally in writing: A verbal call to customer care isn't enough. Submit a written complaint referencing the RBI's Chargeback and Fraud Reporting guidelines. Banks have defined timelines under the RBI's circular on customer liability. And here's the thing, most victims skip this step and simply wait — which is exactly what the bank hopes you'll do.

Cases involving job offer fraud with a foreign angle, UPI fund tracing, and cyber crime provisions require advocates who handle these matters regularly. Procedural steps, like coordinating with the cybercrime cell, getting accounts frozen through proper banking channels, and building the evidentiary record, are areas where domain-specific experience makes a real difference.

Applicable Sections of Law

This is a criminal matter involving cheating, impersonation, and digital fraud. The following provisions of the Bharatiya Nyaya Sanhita, 2023 and Bharatiya Nagarik Suraksha Sanhita, 2023 apply:

• Section 318 BNS — Cheating: The accused dishonestly induced the victim to pay money by deceiving him with a fake job offer and forged documents.
• Section 319 BNS — Cheating by personation: The scammers impersonated a legitimate hotel brand to create false belief.
• Section 336(2) BNS — Forgery for the purpose of cheating: Fabricated offer letters, fake visa forms, and counterfeit company documents.
• Section 61(2) BNS — Criminal conspiracy: Multiple persons acting in coordination to defraud the victim.
• Section 66C and 66D of the Information Technology Act, 2000 — Identity theft and cheating by personation using computer resources (these provisions continue to operate alongside BNS for cyber-specific offences).

Now, before you act, understand this: all four of these provisions can run simultaneously. You don't pick one — you file for all that apply, and let the court sort the overlap.

Punishment and Penalties

• Section 318 BNS (Cheating): Imprisonment up to three years, or fine, or both.
• Section 318 read with aggravated cheating (delivery of property): Imprisonment up to seven years and fine.
• Section 336(2) BNS (Forgery for cheating): Imprisonment up to seven years and fine.
• Section 66D IT Act: Imprisonment up to three years and fine up to ₹1,00,000.
• Cheating under Section 318 BNS is a cognizable and non-bailable offence where the amount involved is significant or involves organised fraud. It is non-compoundable without court permission.

Jurisdiction — Where to File the Case

For cyber and job fraud cases, you can file the FIR at the police station of your own residence, since the fraud was perpetrated on you at the place where you received the communications and made the payment (as held in Sujata Mukherjee v. Prashant Kumar Mukherjee, 1997, confirming that the place of deception determines jurisdiction). Alternatively, a complaint can be filed at the Cyber Crime Police Station in your district. For national-level cyber fraud, the National Cyber Crime Reporting Portal (cybercrime.gov.in) routes the complaint to the appropriate jurisdiction. The Chief Judicial Magistrate's court in the relevant district takes cognizance.

What if Police Refuse to File FIR?

Refusal to register FIR in fraud cases, especially online ones, is unfortunately not rare. But you're not helpless.

• Submit a written complaint to the Superintendent of Police under Section 173(4) BNSS, requesting registration of the FIR.
• File a private complaint directly before the Chief Judicial Magistrate under Section 175(3) BNSS — the Magistrate can direct the police to investigate.
• File a Writ Petition before the High Court under Article 226 of the Constitution, seeking a mandamus directing the police to register the FIR. The Supreme Court in Lalita Kumari v. Government of UP, 2014 made registration of FIR mandatory for cognizable offences.
• Escalate through the State Cyber Crime Cell or the Ministry of Home Affairs' I4C portal, which has independent escalation pathways.

Frankly, most police stations respond very differently once they see a written complaint with a lawyer's name on it. Don't underestimate that.

Rights of the Accused

If you are the person accused in any such matter (or wish to understand the legal framework):

• Right against self-incrimination under Article 20(3) of the Constitution — no person can be compelled to be a witness against themselves.
• Right to legal representation under Article 22(1) — you cannot be denied the right to consult an advocate of your choice.
• Right to be produced before a Magistrate within 24 hours of arrest, as guaranteed under Article 22(2) and Section 58 BNSS.
• Right to know the grounds of arrest and to receive a copy of the FIR, as affirmed in D.K. Basu v. State of West Bengal, 1997.
• Right to apply for bail at the earliest stage of custody.

Bail Provisions

Cheating and forgery offences under BNS are generally non-bailable where the quantum is high or the fraud is organised. That said, bail isn't impossible.

• Regular bail can be applied under Section 480 BNSS before the Sessions Court after arrest.
• Anticipatory bail under Section 482 BNSS is available if there is reason to apprehend arrest — this is often the smarter early move.
• Typical bail conditions include surrender of passport, periodic reporting to the police station, and a direction not to tamper with evidence or contact witnesses.
• Courts generally weigh the quantum of fraud, existence of a criminal network, and flight risk when deciding bail in job scam cases.

Quashing of FIR / Case

For the accused, quashing may be an option under Section 528 BNSS, which grants the High Court inherent powers to quash an FIR where no prima facie offence is made out, the proceedings amount to an abuse of process, or the matter has been genuinely compounded between the parties. In State of Haryana v. Bhajan Lal, 1992, the Supreme Court laid down the categories where quashing is permissible. But quashing in organised fraud and cheating cases is difficult — courts are generally reluctant unless there is a complete and credible settlement with the victim and no public interest dimension remains.

If You Are the Victim

• Report the fraud on cybercrime.gov.in immediately — within hours if possible. Early reporting is the single biggest factor in freezing the fraudulent account.
• Call the National Cyber Crime Helpline: 1930 and report the UPI transaction details for an account freeze request.
• File a written complaint with your bank's nodal officer, citing the specific transaction IDs, and reference the RBI's framework on unauthorized electronic transactions.
• File an FIR at your nearest police station or the Cyber Crime Police Station in your city, attaching all digital evidence.
• Stop all communication with the scammer — but save and screenshot every message they continue to send you. Those are additional evidence.

Documents You Must Keep Ready

• Aadhaar card and PAN card (identity proof)
• Screenshots of the fake job offer letter and all related documents sent by the scammer
• Full chat history (WhatsApp, Telegram, email) — export and save as PDF
• UPI transaction screenshots showing Transaction IDs, amount, date, and recipient UPI handle
• Bank account statement for the relevant period
• PhonePe / Google Pay / BHIM complaint reference numbers
• Kotak Mahindra Bank (or your bank's) fraud complaint acknowledgment
• Any forms, fake visas, or counterfeit documents sent by the scammer

What Evidence Is Required?

• Digital primary evidence: UPI transaction records with UTR numbers — these are your strongest proof of money transfer.
• Communication records: Emails from non-official domains, WhatsApp chats, or SMS — all admissible under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as electronic records.
• Fraudulent documents: The fake offer letter, forged visa forms, and counterfeit company stamps — primary evidence of the cheating.
• Recipient UPI account details: Shows the account belonged to a private individual, not a corporate entity.
• Witness statement: Your own sworn statement before the Magistrate as a complainant-witness.
• Bank's internal fraud report: The bank's acknowledgment and any freeze confirmation is secondary but corroborating evidence.
• Cybercrime complaint number: Shows timely reporting and strengthens the credibility of your complaint.

How the Police Behave in Such Cases

Cyber fraud cases, especially those involving small-to-mid amounts, often face initial resistance at the police station level. Officers may suggest it's a "civil matter" or ask you to "wait and see." Make no mistake — this is a cognizable criminal offence, and registration of FIR is mandatory under Lalita Kumari v. Government of UP, 2014. Once an FIR is filed, the Cyber Crime Cell takes over investigation, traces the UPI account via NPCI records, and can issue notices to the fraudsters. The process can be slow, but a legally backed written complaint with all digital evidence significantly changes the police's responsiveness.

Timeline of Legal Process

• Day 1-3: Report on cybercrime.gov.in and call helpline 1930. File bank complaint. (Immediate)
• Week 1: File FIR at local or Cyber Crime Police Station. (1-7 days)
• Week 2-

Facing a similar matter? Speak to a Delhi criminal defence lawyer — 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.