Online Saree Seller Duped My Mother of ₹75,000 — Police Claim They Can’t Act, What Now?

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: The police freezing the bank account isn’t the end of the road. You can insist on a formal FIR for cheating and criminal breach of trust, and simultaneously file a civil suit for recovery. If the police still refuse, you can move the Magistrate directly. A coordinated criminal-plus-civil strategy often forces the accused to return the money.

The client’s mother, a resident of Pune, followed a popular saree seller on Instagram and YouTube for many months. The brand — let’s call it Taneira — had a thriving online presence and a physical store in Jaipur. She had placed a few orders earlier without any trouble. In early March 2025, the owner, who regularly appeared in the videos, proposed a franchise-model outlet in Pune. He offered to redirect his social media followers to her shop and asked for ₹1 lakh as a security deposit to ship the sarees and dress materials. She hesitated. She eventually transferred ₹75,000 in the second week of March. The goods never arrived. The excuses multiplied. Then the calls stopped entirely. She filed a cyber fraud complaint, and the local police in Pune froze the recipient’s bank account. But that didn’t bring the money back. The scammer simply abandoned that account, deactivated his WhatsApp number, and kept posting fresh collection videos. The police officer said, “We can’t do anything more.” That’s when the son approached the Chamber of Advocate Sudhir Rao. After a detailed review of the transaction trail, social media evidence, and the earlier police response, Advocate Sudhir Rao and his office argued that a mere account freeze was insufficient. They moved for a proper FIR under Section 318 of the Bharatiya Nyaya Sanhita, 2023 (cheating) along with a private complaint before the Magistrate and a summary civil suit for money recovery. The strategic pressure worked: within weeks, the accused, facing arrest and civil attachment, returned the entire ₹75,000.

Key Facts of the Case

• Victim transferred ₹75,000 from Pune to a Jaipur-based seller in March 2025, based on a franchise proposal discussed over WhatsApp.
• The seller had an established Instagram presence (18,000+ followers) and a YouTube channel with 30,000 subscribers, which gave an appearance of legitimacy.
• Earlier small orders were fulfilled, but after the large payment, the goods were never shipped and refund promises were repeatedly broken.
• Pune police froze the accused’s bank account but took no further steps, stating the money could not be recovered as the account was dormant.
• The accused blocked the victim on social media and switched to a different phone number, continuing the online business uninterrupted.
• The matter involved both criminal cheating and a civil claim for recovery, requiring a dual-pronged legal strategy beyond a simple cyber complaint.

The Direct Legal Answer

Why can’t the police act if the account is frozen?

They can, and they should. Freezing an account is only an interim measure. A full investigation — tracing the money trail, identifying alternative accounts, examining the social media activity, and recording statements — must follow. If the investigating officer is not doing that, it’s usually a matter of pushing for a formal FIR and escalating to senior officers or the court.

Does the victim have to wait indefinitely?

No. When the police fail to investigate, the victim can file a private complaint directly before the jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Magistrate can order an investigation or even take cognizance and issue process. At the same time, a summary civil suit under Order 37 of the Code of Civil Procedure can be initiated for quick money recovery. And here’s the thing — criminal pressure often makes the accused settle fast.

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.

Preserve every piece of evidence — WhatsApp chats, call recordings, bank statements, and social media screenshots — before the accused deletes them. Do not engage in direct negotiations without your lawyer’s guidance. And remember, this isn’t a routine property dispute. The procedural nuances of cyber fraud, the rules for freezing and lifting bank liens, and the tactics for tracing digital footprints require an advocate who regularly handles such cases. A general practitioner may not be familiar with the speed and pressure points that work here.

Also, file a detailed complaint with the cyber crime portal (cybercrime.gov.in) even if you visit the police station. It creates a digital record and often triggers faster review.

Applicable Sections of Law

For the criminal side, Section 318 of the BNS, 2023 covers cheating and dishonestly inducing delivery of property. Section 316 BNS deals with criminal breach of trust, which may also apply if the accused was entrusted with money for a specific purpose. Under the BNSS, Section 173(1) governs the filing of an FIR with the police, while Section 175(3) allows a private complaint to the Magistrate when police refuse to act. For civil recovery, a suit for money can be filed under the ordinary provisions of the Code of Civil Procedure, and where the claim is based on a written acknowledgment or contract, a summary suit under Order 37 CPC may be available for faster decree.

Punishment and Penalties

Cheating under Section 318 BNS attracts imprisonment of up to three years, or a fine, or both. It is a cognizable offence — meaning the police can arrest without a warrant — and is non-bailable. The court can also order the accused to pay compensation to the victim under Section 399 BNSS. If criminal breach of trust is added, the punishment may extend to five years with a fine. The offence is compoundable with the permission of the court, so settlement is possible at any stage before judgment, which can help victims recover money quickly.

Jurisdiction — Where to File the Case

For criminal proceedings, jurisdiction lies where the offence occurred or where the consequence ensued. Since the victim transferred money from Pune and suffered the loss there, the Pune police station has territorial jurisdiction to register the FIR. In cyber fraud cases, the jurisdictional Magistrate in the complainant’s city can also entertain a private complaint. For civil recovery, the suit can be filed in the court where the defendant resides or carries on business (Jaipur) or where the cause of action arose (Pune). Pecuniary jurisdiction — up to ₹3 lakh — usually lies with the Civil Judge (Junior Division). Getting jurisdiction right is critical; a wrong filing leads to wasted months.

What if Police Refuse to File FIR?

Don’t stop at the station house. The law gives you multiple escalation paths.

• Write a complaint to the Superintendent of Police of the district under Section 173(4) BNSS and demand a direction for registration of FIR.
• File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. The Magistrate can order the police to investigate or take cognizance directly.
• If both fail, approach the High Court under its writ jurisdiction. The High Court can direct the police to register the FIR and monitor the investigation.
• Keep detailed proof of your complaint submission — acknowledgment receipts, diary numbers, and date-stamped emails — to counter any claim that you never approached the police.

Rights of the Accused

Even while pursuing a strong case, it helps to understand what protections the accused has under our Constitution.

• Right against self-incrimination under Article 20(3) — no one can be forced to be a witness against themselves.
• Right to legal representation under Article 22(1); an accused cannot be denied a lawyer of their choice.
• Right to be produced before a Magistrate within 24 hours of arrest, excluding travel time.
• Right to a copy of the FIR and to be informed of the grounds of arrest immediately.
• Right to bail if the offence is bailable, and to apply for bail even in non-bailable matters.

Bail Provisions

Cheating under Section 318 BNS is non-bailable. However, anticipatory bail can be sought under Section 482 BNSS before arrest. Regular bail can be applied for under Section 480 BNSS after arrest, and if the accused is in custody, under Section 483 BNSS. Courts usually impose conditions like surrendering the passport, marking attendance at the police station, and not tampering with evidence. From the victim’s standpoint, a well-opposed bail application, highlighting that the accused continued to run the same business while defrauding others, can restrict bail and increase pressure to return the money.

Quashing of FIR / Case

The High Court, under its inherent powers in Section 528 BNSS, can quash an FIR if it finds no prima facie offence is made out, or that the proceedings are an abuse of process. But here, the evidence of transfer, messages, and broken promises clearly establish a cheating case. The accused may still try to seek quashing on technical grounds, which is why the FIR must be drafted with precision, linking each element of the offence to the facts. A strong complaint makes quashing difficult and keeps the criminal process alive.

If You Are the Victim

• Do not delete any WhatsApp chats, call logs, or social media comments — they are your primary evidence.
• File a formal complaint with the cyber crime cell and obtain an acknowledgment number.
• If the police are inactive, move the Magistrate immediately; delay weakens the case.
• Consider filing a civil suit for recovery simultaneously; it doesn’t depend on the police investigation.
• Never accept part-payment promises without a written settlement recorded in court.

Documents You Must Keep Ready

• Aadhaar card and PAN card of the victim for identity verification.
• Bank statement clearly highlighting the ₹75,000 transfer entry and the beneficiary account details.
• Printed screenshots of the WhatsApp conversation showing the proposal, promise, and later evasions.
• Links and screenshots of the Instagram and YouTube accounts showing the follower count and regular activity.
• Copy of the complaint originally filed with the cyber crime portal and the police station.
• Any voice call recordings, if available, with transcripts.
• Details of earlier successful orders — receipts, delivery confirmations — to establish a prior relationship of trust.
• Address and phone number of the accused from the initial orders or publicly available business details.

What Evidence Is Required?

• Primary evidence: Bank transaction records, WhatsApp messages with timestamps, and call detail records.
• Digital evidence: Video reels, Instagram story screenshots, and YouTube live session grabs where the accused solicits orders.
• Documentary evidence: Invoices or order confirmations from earlier fulfilled orders that prove the business model.
• Witness evidence: Family members or neighbors who observed the conversations or were also targeted.
• Police records: Acknowledgment of complaint, FIR copy (if registered), and bank freeze order.
• Secondary evidence: Affidavits and screenshots certified under Section 65B of the Indian Evidence Act for digital records.

How the Police Behave in Such Cases

Cyber fraud complaints, especially those under a few lakhs, often get low priority. The investigating officer may treat an account freeze as a closure. They might tell you, “The money is gone; we’ve done our bit.” Unless pushed, they won’t trace the new accounts, issue a Look Out Circular, or seek call detail records from the service provider. That’s where consistent follow-up and legal escalation matter. An advocate who understands the procedural levers can demand a thorough investigation and, if necessary, approach the court to direct the police.

Timeline of Legal Process

• FIR registration: Ideally within 24-72 hours of complaint; if delayed, escalation may take 1-2 weeks.
• Investigation and chargesheet: 60-90 days from FIR for a non-custodial case, extendable by the Magistrate.
• Civil summary suit: Notice to defendant, appearance within 10 days, leave to defend application — decree possible in 3-6 months if unopposed.
• Criminal trial: Framing of charge, prosecution evidence, statement under Section 351 BNSS, defence evidence — can take 1-2 years at the Magistrate level.
• Execution of civil decree: Attachment of bank accounts and moveable property; 2-4 months after decree.
• Appeal: If either side challenges, add 12-18 months per appellate forum.

How Long Will the Investigation Take?

In a straightforward case with digital evidence, the police can file a chargesheet within 60 days. But if they are slow, the complainant can petition the Magistrate for a direction. Realistically, expect 2-3 months for investigation and the chargesheet, assuming no forensic analysis of devices is required. The civil suit, particularly a summary suit, can run parallel and yield a decree faster than the criminal trial.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Absolutely. Cheating under Section 318 BNS is compoundable with the permission of the court. This means once the FIR is registered, the parties can enter into a compromise deed. The victim can agree to withdraw the case after receiving the full amount, and the court will record the settlement. On the civil side, a compromise decree under Section 89 CPC read with Order 23 Rule 3 is quick and binding. Make no mistake — a settlement here is often the fastest way to get your money back, because the accused wants the criminal sword lifted. But settle only through your lawyer and ensure the payment is realised before signing off.

Common Mistakes People Make

• Delaying the complaint, hoping the other party will return the money — the longer you wait, the more time they have to erase evidence.
• Accepting verbal reassurances and part-payments without a written agreement, which kills the criminal case momentum.
• Posting detailed allegations on social media before legal action — this can alert the accused to destroy evidence and may even attract a defamation counterblast.
• Engaging a lawyer who does not regularly handle cyber fraud and cheating matters. The tactics, the evidence rules under the IT Act, and the pressure points during bail and quashing are not something a general litigator deals with daily. That inexperience can slow your recovery and let the accused slip away.
• Not preserving the original WhatsApp chat history and relying on forwarded messages, which weaken evidentiary value.
• Assuming that freezing the bank account ends the matter — the police must follow through; you have to push them.

FAQs People Normally Have

• Can I get my money back if the account is frozen but empty? Not automatically. You need a court decree or a settlement. The freeze only stops the outflow; it doesn’t force an inflow.
• Is it mandatory to file an FIR, or is a cyber complaint enough? A cyber complaint is a starting point, but only an FIR gives the police coercive power to arrest and investigate thoroughly. Without an FIR, the matter remains a diary entry that can gather dust.
• Can I file a case in my city even if the seller is in another state? Yes. The place where the money was transferred from, or where the victim resides, gives territorial jurisdiction to the police and court.
• Will a civil suit take years? A summary suit under Order 37 CPC, if there is a clear acknowledgment of debt, can yield a decree in a few months. The threat of a speedy civil decree often forces settlement.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India

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.