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 real estate broker in Pune cheated a tenant of ₹25,000 by not forwarding the deposit and rent to the landlord. The victim filed an online police complaint but got no response for months. This is a criminal cheating case under the Bharatiya Nyaya Sanhita (BNS). You can file an FIR, approach a magistrate if the police refuse, and use evidence like call recordings and UPI records. A specialized advocate can help push the police or file a private complaint for quicker recovery.
In October 2025, a young professional relocated to Pune for work and rented an apartment in the bustling locality of Kothrud. The broker, introduced by a colleague, seemed trustworthy. The victim paid ₹90,000 of the security deposit directly to the landlord, Mr. Patil, and transferred the remaining ₹10,000 to the broker, Rohan Gupta, to be forwarded. A separate brokerage fee was paid in advance. The first month's rent of ₹15,000 was also handed over to Gupta via UPI.
The broker never passed on the ₹25,000. The landlord demanded full payment, forcing the victim to pay out of pocket to avoid eviction. When the victim vacated the property in late January 2026 and moved back to Ahmedabad, he secured a clear call recording where the broker admitted to withholding the funds and cheating him. An e-complaint was filed on the Maharashtra Police Citizen Portal in March 2026, but after four months of silence, the case stagnated. It was at this point that the office of Advocate Sudhir Rao was approached. The specialized handling of the case — focusing on the UPI audit trail, the recorded admission, and the legal strategy under the new criminal laws — ensured that the complaint was escalated and the police initiated an official enquiry with a designated officer. The expertise in navigating the procedural gap between an online complaint and a physical FIR was critical to achieving this breakthrough.
Key Facts of the Case
- The victim paid ₹90,000 directly to the landlord and ₹10,000 plus ₹15,000 (rent) to the broker via UPI.
- The broker admitted to withholding the money in a recorded phone call, which constitutes a confession.
- A detailed e-complaint was filed on the Maharashtra Police Citizen Portal over four months ago.
- The portal status remained "Registered" with "Official enquiry" — no police officer contacted the victim.
- The victim is based in Ahmedabad, making follow-up with a Pune police station challenging.
- The offence involves criminal breach of trust and cheating under the Bharatiya Nyaya Sanhita, 2023.
- The clear UPI audit trail and the recorded admission are strong pieces of primary evidence.
The Direct Legal Answer
Can the police be forced to register an FIR?
Yes. Cheating and criminal breach of trust are cognizable offences under BNS. The police have a legal duty to register an FIR. If they do not, you can approach the Superintendent of Police (SP) under Section 173(4) of BNSS, or file a private complaint before a Judicial Magistrate under Section 175(3) BNSS.
What if the online complaint is stuck and no one is contacting me?
This is a common problem. The online portal is just a preliminary record. You need to physically follow up with the station or escalate higher. Because you are out of state, have an advocate in Pune send a legal notice to the police station and the SP. A court direction via private complaint often compels police action faster than waiting.
Is the call recording admissible in court?
Yes, provided it is clear, unedited, and the identity of the speakers is established. The recording must be submitted as secondary evidence under the Bharatiya Sakshya Adhiniyam, 2023, and you must file an affidavit with it. A certified transcript of the recording is also helpful.
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.
Here's the thing — don't just wait on an online portal. It's not a substitute for a physical FIR. And make no mistake, police inertia is real. Send a formal complaint by registered post to the Station House Officer (SHO) with all evidence attached. Keep a copy. Then escalate to the SP or Commissioner of Police.
This type of matter — a cross-state real estate fraud with digital evidence — requires an advocate who regularly handles criminal complaints, not a general civil practitioner. The procedural nuance of getting the BNSS provisions applied correctly can mean the difference between a dead file and a live investigation.
Applicable Sections of Law
The relevant provisions fall under the Bharatiya Nyaya Sanhita (BNS), 2023, and the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:
- Section 316(2) BNS: Cheating — this will apply where the broker dishonestly induced the victim to part with the money.
- Section 314 BNS: Criminal breach of trust — this covers the broker failing to forward the money entrusted to him for the landlord.
- Section 173(4) BNSS: Provides the victim a right to approach the Superintendent of Police if the officer in charge refuses to register an FIR.
- Section 175(3) BNSS: Allows a private complaint to be filed directly before a Judicial Magistrate if the police fail to act.
Punishment and Penalties
For cheating under Section 316(2) BNS, the punishment is imprisonment for up to 7 years and a fine. For criminal breach of trust under Section 314 BNS, the maximum punishment is imprisonment for up to 3 years, or a fine, or both. The offence under Section 316(2) is cognizable and non-bailable. The offence under Section 314 is also cognizable but generally bailable. Both are compoundable only with the court's permission because they involve a money element.
Jurisdiction — Where to File the Case
The jurisdiction lies with the police station where the transaction took place — in this case, the Kothrud Police Station in Pune. For a criminal complaint, you would file it before the Judicial Magistrate First Class (JMFC) in Pune having jurisdiction over Kothrud. Territorial jurisdiction in criminal cases is based on where the offence was committed or where the property was entrusted. Filing in a different city would be dismissed for lack of jurisdiction. This is why personal presence or a local advocate is essential.
What if Police Refuse to File FIR?
If the police refuse, here are your actionable steps:
- Approach the Superintendent of Police (SP) in writing under Section 173(4) BNSS with the complaint copy and evidence.
- If the SP also fails, file a private complaint before the Judicial Magistrate under Section 175(3) BNSS.
- The Magistrate can order the police to investigate under Section 175(4) BNSS and file a report.
- As a last resort, file a writ petition before the Bombay High Court under Article 226 of the Constitution seeking a direction to the police.
Rights of the Accused
The accused broker has the following rights:
- Right to remain silent: He cannot be compelled to be a witness against himself under Article 20(3) of the Constitution.
- Right to legal representation: He has the right to be represented by a lawyer under Article 22(1).
- Right to be produced before a Magistrate: He must be produced within 24 hours of arrest.
- Right to a copy of the FIR: He is entitled to a copy of the FIR and to know the grounds of his arrest.
Bail Provisions
Cheating under Section 316(2) BNS is a non-bailable offence. That said, bail is not automatic. The court will consider factors like whether the accused will abscond, tamper with evidence, or whether custodial interrogation is needed. For criminal breach of trust under Section 314 BNS, it is bailable. The accused can apply for anticipatory bail under Section 482 BNSS if he fears arrest. A victim's advocate should oppose bail on grounds of flight risk if the accused has no local ties.
Quashing of FIR / Case
The only way this case could be quashed is if the High Court exercises its inherent power under Section 528 BNSS. Grounds for quashing are narrow: no prima facie offence, the complaint is an abuse of process, or the parties have settled the dispute if the offence is compoundable. Given the clear recorded admission and UPI trail, a quashing petition has very low chances of success here. The victim should be prepared to resist any such attempt.
If You Are the Victim
- Do not delete the call recording or UPI transaction history. Back them up on cloud storage immediately.
- Send a formal legal notice to the broker via an advocate demanding the money, with a copy to the police station.
- File an RTI with the police station and the SP's office to get a status report on your online complaint.
- Engage a local advocate in Pune to physically visit the police station and push for an FIR.
- If the police still do not act, go directly to the Judicial Magistrate with a private complaint.
Documents You Must Keep Ready
- Aadhaar card and PAN card (for identity verification).
- Rent agreement and receipts showing the deposit breakdown.
- UPI transaction screenshots and bank statements showing payments to the broker.
- The clear call recording and a written transcript certified by a lawyer.
- All correspondence with the broker and the landlord (emails, WhatsApp messages).
- A copy of the online complaint acknowledgment from the Maharashtra Police portal.
What Evidence Is Required?
- Primary evidence: The original UPI transaction records and the bank statement showing the debit.
- Secondary evidence: A CD or pen drive containing the call recording, along with an affidavit of its authenticity.
- Electronic evidence: WhatsApp chats and SMS messages from the broker (screenshots with date/time stamps).
- Oral testimony: Your personal testimony as the victim regarding the entrustment of money.
- Corroborative evidence: Testimony from the landlord that he never received the ₹25,000 from the broker.
How the Police Behave in Such Cases
In small-figure frauds like this, the police often treat it as a civil dispute and hesitate to register an FIR. The online portal complaint is frequently ignored. But here's the reality: cheating is a criminal offence, not a civil recovery. A strong legal notice and a court order from a Magistrate can change the police attitude. The key is persistence and having an advocate who knows how to escalate within the police hierarchy.
Timeline of Legal Process
- FIR Registration: Can take 1 to 3 months if the police resist and you need to go via the SP or Magistrate.
- Investigation: Once an FIR is registered, the police must complete the investigation within 60 to 90 days in normal cases.
- Chargesheet: Filed within the statutory period; typically 90 days for offences with up to 7-year imprisonment.
- Trial: If charges are framed, the trial in a Magistrate court can take 6 to 18 months.
- Judgment / Appeal: After trial, judgment may take a few months; an appeal to the Sessions Court can take another 6 months.
How Long Will the Investigation Take?
Under BNSS, for offences punishable with up to 7 years of imprisonment, the police must complete the investigation and file the chargesheet within 90 days from the date of arrest or surrender. If no arrest is made, the timeline is looser but usually 3 to 6 months. Since your case involves clear evidence, a focused investigation could wrap up in 2 months once an FIR is registered.
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?
Yes, settlement is possible. Cheating under Section 316(2) BNS is compoundable only with the permission of the court. Since it involves a clear deficiency in trust, many courts encourage mediation before trial if the accused is willing to return the money. A settlement can be recorded in a Lok Adalat if the matter is pending. However, the victim should not settle without getting the full amount back, and the settlement should be documented in writing to avoid future claims. If the accused is genuinely contrite, a settlement followed by compounding is often the quickest way to closure.
Common Mistakes People Make
- Waiting for months on an online complaint without physically following up or escalating.
- Deleting or losing call recordings and UPI screenshots. Always back them up.
- Engaging an advocate who does not regularly handle criminal matters — a general practitioner may miss the nuances of BNSS procedure or fail to push a private complaint effectively.
- Speaking to the accused or the police without legal representation, which can lead to conflicting or damaging statements.
- Posting details on social media before the case is resolved, which can prejudice the investigation or be used against the victim in court.
- Not lodging an FIR at the first opportunity, allowing the accused to destroy evidence or abscond.
FAQs People Normally Have
Can I file an FIR in Pune if I live in Ahmedabad?
Yes, but you must file it at the police station where the offence occurred — in Kothrud, Pune. You can send documents by post or through a local advocate. But personal presence may be required for verification.
What if the broker returns the money after I file a complaint?
You can then apply to the court to compound the offence. But you should only agree to this if you get the full ₹25,000 plus any out-of-pocket expenses. Get a written settlement deed signed before a notary.
Will the call recording be enough to convict the broker?
It is strong evidence but not enough alone. The court will also need the UPI trail and your testimony. The recording establishes the mental element of fraud. Combined with the bank records, it is a solid case.
How much will it cost to hire a lawyer in Pune?
Costs vary greatly. But a consultation fee for criminal matters usually ranges from ₹10,000 to ₹50,000 depending on the advocate's experience and the case's complexity. Avoid bargain hunters; a skilled advocate saves time and money in the long run.
Can I get an interim order to freeze the broker's bank account?
In criminal cases, you can ask the court to attach the property or bank account of the accused if you can show that he is likely to dissipate the money. This requires a strong application supported by evidence.
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 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.