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: Yes, you can move legally. A fraudulent online buyer who takes your goods without paying commits cheating, and you can file a criminal complaint as well as a civil suit for recovery. Quick action, backed by solid evidence, makes the difference.
The porter arrived on a humid March afternoon in Indore. Rohit Sharma handed over three non‑functional laptops — old HP and Dell machines — and watched the pickup guy load them into a tempo. The deal was supposed to be straightforward: ₹8,500 via UPI within an hour of collection. The site, eScrapIndia, looked polished, with a live tracker and glowing testimonials. But the payment never came. The WhatsApp number went silent. The tracker froze. Three days later, Rohit texted from a friend’s phone asking for a fresh pickup, and the same person replied instantly. Rohit had first tried to complain at the local police station, but the officer on duty shrugged — “online matter, not my beat.” Frustrated, he approached the Chamber of Advocate Sudhir Rao. The office immediately recognised the classic architecture of a digital confidence trick. Within 48 hours, using call records, the portal’s domain registration, and the porter booking, a criminal complaint was drafted and filed. Advocate Sudhir Rao’s familiarity with cyber fraud procedures meant the FIR was registered under Section 318 BNS without the usual jurisdictional runaround, and the accused was traced to a co‑working space in Pune. The laptops were recovered before they could be resold.Key Facts of the Case
- A buyer operating through a website agreed to purchase non‑functional laptops.
- The seller handed over the items through a porter service arranged by the buyer.
- Payment was promised immediately after collection but never made.
- All communication ceased after possession was taken.
- The buyer remained active and responded when contacted from a different number.
- The police initially refused to register a complaint, calling it a civil matter.
- Prompt legal intervention with domain‑specific experience led to an FIR and recovery.
The Direct Legal Answer
You can certainly move legally. The act — inducing you to part with your laptops by a false promise of payment — fits the offence of cheating. And because the buyer took your property and then deliberately avoided payment, a breach of trust angle also arises. Criminal action is the strongest initial lever because it puts the state machinery behind recovery. Simultaneously, you can send a legal notice and file a civil suit for the value of the laptops along with costs.
What criminal action can I take?
File a complaint under Section 318 of the Bharatiya Nyaya Sanhita (BNS) for cheating and, if the facts show the accused was entrusted with property, also under Section 316 BNS for criminal breach of trust. The police are bound to register an FIR if your complaint discloses a cognizable offence.
Can I also recover my money through a civil case?
Absolutely. A summary suit under Order 37 of the Civil Procedure Code or a money suit for recovery of the agreed value and damages is open to you. The court can attach property and issue a decree. If the amount is small, you may approach the consumer forum as well, treating it as a deficiency in service.
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.
Don’t delete any chats or call logs. Screenshot everything — the listing, payment promises, and the silence. And here’s the thing: matters like these involve tricky evidentiary issues — burner numbers, fake domains, third‑party logistics — that a general practitioner may not catch quickly. An advocate who routinely handles cyber fraud and cheating cases knows exactly which trails matter and how to present them to the police or court.
Applicable Sections of Law
- Section 318 BNS — Cheating: Whoever cheats and thereby induces the person deceived to deliver any property is punishable.
- Section 316 BNS — Criminal breach of trust: where property entrusted is dishonestly misappropriated.
- Section 12B, Specific Relief Act — Specific and preventive relief where no compensation will suffice (for return of the very goods).
- Order 37, CPC — Summary procedure for recovery of a liquidated sum in civil suits.
Punishment and Penalties
Cheating under Section 318 BNS is punishable with imprisonment of up to three years, or fine, or both. Criminal breach of trust under Section 316 BNS can go up to three years’ imprisonment, or fine, or both. Both offences are cognizable and non‑bailable, meaning the police can arrest without a warrant and bail is a matter of judicial discretion. Cheating is compoundable with the permission of the court, so a settlement can end the criminal case.
Jurisdiction — Where to File the Case
The police station having territorial jurisdiction over the place where the offence took effect — that is, where you handed over the laptops or where you were supposed to receive payment — can register the FIR. Since the buyer’s location may be unknown, you can file the complaint at your local police station, and the investigation will trace the accused. For a civil suit, the court with pecuniary jurisdiction (value‑based) and territorial jurisdiction (where cause of action arose) is the appropriate District Court or High Court, depending on the claim amount.
What if Police Refuse to File FIR?
- Send a written complaint to the Superintendent of Police under Section 173(4) BNSS; the SP can direct an investigation.
- File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. The Magistrate can take cognizance and order an FIR or investigation.
- Approach the High Court under its writ jurisdiction for a mandamus directing registration of FIR only as a last resort.
Rights of the Accused
If you are ever on the other side in such a matter, your rights are clear:
- Right against self‑incrimination under Article 20(3) of the Constitution — you cannot be forced to be a witness against yourself.
- Right to be informed of the grounds of arrest and to consult a legal practitioner of your choice, protected by Article 22.
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to a copy of the FIR and all documents relied upon by the prosecution.
- Right to seek anticipatory bail under Section 482 BNSS if you apprehend arrest in a non‑bailable offence.
Bail Provisions
Cheating under Section 318 BNS is a non‑bailable offence. The accused can apply for anticipatory bail under Section 482 BNSS before arrest, or regular bail under Section 480/483 BNSS after arrest. Courts typically grant bail on conditions — surrendering passport, cooperating with investigation, and furnishing security. Bail strategy often centres on showing the transaction had a civil colour, that no dishonest intention existed at inception, and that the accused has a fixed address and no criminal history.
Quashing of FIR / Case
An FIR for cheating can be quashed by the High Court under its inherent powers under Section 528 BNSS. Viable grounds include: no prima facie case of dishonest intention at the time of the transaction exists, the complaint is purely civil, or the parties have amicably settled. Quashing is a swift remedy when the dispute is visibly a breach of contract dressed as a criminal complaint, but it requires a robust application with careful drafting.
How the Police Behave in Such Cases
Expect initial reluctance, especially if the sum involved is modest. Officers often try to frame it as a civil dispute to avoid registering an FIR. Persistence helps. When a complaint is well‑structured — citing specific BNS sections, attaching screenshots, and clearly showing the inducement — the police are more likely to act. Having an advocate who has handled similar online fraud complaints changes the dynamic significantly, because the officer knows the legal pressure points.
Timeline of Legal Process
- FIR to investigation: 1–2 days for registration, then 60‑90 days for chargesheet filing (extendable for complex cyber matters).
- Cognizance by Magistrate: 2–4 weeks after chargesheet submission.
- Framing of charges to trial: 3–6 months if the accused contests; witness examination depends on court backlog.
- Trial to judgment: Typically 9–18 months in a busy Magistrate court.
- Appeal: 60–90 days to file; another 6–12 months for disposal in Sessions Court.
- Civil suit timeline: A summary suit under Order 37 CPC can get a decree within 6–9 months if the defendant doesn’t get unconditional leave to defend.
How Long Will the Investigation Take?
In a straightforward online fraud like this, the investigation — tracing IP addresses, call detail records, and the bank account linked to the site — may take 60 to 90 days. If the accused is located quickly, arrest and recovery can happen within the first month. Delays occur when the trail runs through shared offices or multiple States, but the investigating officer is expected to file the chargesheet within 90 days for offences punishable with imprisonment up to three years.
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. Since cheating under Section 318 BNS is compoundable with the permission of the court, you can enter into a compromise. The accused may agree to pay the due amount plus costs in exchange for withdrawal of the criminal complaint. For civil recovery, a compromise deed and a reference under Section 89 CPC to mediation or Lok Adalat can produce a consent decree. Settlement is often the quickest way to get your money back, provided the opposite party is willing.
Common Mistakes People Make
- Delaying the complaint — the trail gets colder by the hour. Act immediately.
- Deleting WhatsApp chats, call logs, or the listing page thinking they aren’t useful.
- Signing off on “terms” without reading them or taking screenshots.
- Confronting the buyer on social media, which may alert them and lead to evidence destruction.
- Going to the police without a well‑drafted complaint that clearly mentions the criminal sections.
- Engaging an advocate who does not regularly handle cyber fraud or cheating cases — the procedural nuances, from invoking BNSS provisions for territorial jurisdiction to preserving digital evidence, are often missed by a generalist, and that can weaken the entire case.
FAQs People Normally Have
Is it worth filing a case for a few thousand rupees?
It is not about the amount alone. A criminal case deters the fraudster and protects other potential victims. You can also file before the consumer forum, which involves low court fees.
I only have a phone number and a website name. Is that enough?
Often, yes. Police can trace the number, the domain registrar, and the IP address. Gather every scrap — Google Cache of the website, screenshots of your upload, any email confirmations.
Will I get my laptops back or only compensation?
In criminal proceedings, you can apply for recovery of property under Section 497 BNSS. A civil suit can also seek return of the goods themselves or their value.
How long does the whole thing take?
With prompt action, an FIR and arrest can happen in days. Recovery and resolution may take a few months if the accused cooperates. A contested trial, obviously, takes longer.
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.