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 recover your money. File a prompt cybercrime complaint, have the scammer’s bank account frozen, and then pursue a criminal case for cheating. Speed matters — the sooner you act, the better your chances.
A young IT professional from Pune, Ramesh Patil, spotted a brand-new Canon EOS camera on Quikr around 12 March 2025. The seller, calling himself Kunal Verma, demanded Rs 40,000 initially. Then came additional shipping and customs charges, all too plausible-sounding. Over four anxious days, Ramesh made multiple UPI transfers totalling Rs 80,000. Kunal had shared what looked like genuine documents: a PAN card, an Aadhaar with an address in Jaipur, even a GST registration that matched the PAN. But the phone number? That was from Lucknow. And the moment the last payment cleared, it went permanently switched off. Ramesh first approached his local cyber cell, but the process felt endless and no account was blocked. That’s when he came to the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao and his office immediately filed a detailed complaint with the cybercrime portal, linking all transaction IDs and KYC documents. Within 72 hours, the scammer’s bank account was frozen and a recovery order obtained from the court. Ramesh got his money back. The key? A strategy that treats online marketplace fraud as a cognizable cheating offence and acts on it before the scammer can move the funds.Key Facts of the Case
- Victim paid Rs 80,000 via UPI over four days for a camera listed on Quikr.
- Seller provided PAN, Aadhaar (Jaipur address), and GSTIN, but phone number was from Lucknow.
- Phone switched off immediately after the last payment.
- Initial police complaint yielded no swift action.
- Chamber of Advocate Sudhir Rao got the scammer’s bank account frozen within 72 hours and funds returned.
- Documents were fraudulent but contained enough genuine KYC footprints to trace the accused.
- The matter falls squarely under cheating (Section 318 BNS) and identity theft provisions.
The Direct Legal Answer
If you’ve been scammed on an online marketplace through UPI, you have a criminal remedy. The seller’s actions constitute cheating under Section 318 of the Bharatiya Nyaya Sanhita (BNS), and possibly cheating by personation if the identity documents were forged (Section 319 BNS). The UPI transaction trail makes the fraud traceable. File a complaint with the National Cyber Crime Reporting Portal immediately. Then, with the help of an advocate, move an application to freeze the beneficiary account and recover the money. This dual-pronged approach — cyber complaint plus court intervention — yields the fastest results.
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 waste time trying to negotiate with the scammer or believing their excuses. They’ll only buy time to empty the account. Gather every screenshot, every UPI ID, every WhatsApp chat, and every KYC document they shared. This category of case demands precision — an advocate who regularly handles cyber fraud will know exactly which bank nodal officer to contact, how to draft a 173(3) BNSS complaint, and how to push for an immediate account freeze. A general practitioner may not move fast enough, and in digital fraud, hours count.
Applicable Sections of Law
The primary criminal provisions are from the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS), alongside the Information Technology Act, 2000:
- Section 318 BNS — Cheating and dishonestly inducing delivery of property.
- Section 319 BNS — Cheating by personation (if fake identity documents used).
- Section 66C IT Act — Identity theft.
- Section 66D IT Act — Cheating by personation using computer resource.
Punishment and Penalties
Under Section 318 BNS, punishment is imprisonment up to three years, or fine, or both. The offence is non-cognizable, bailable, and compoundable with the permission of the court. Under the IT Act, Section 66D provides for imprisonment up to three years and fine up to one lakh rupees. These are designed to deter exactly the kind of small-scale online fraud that targets individuals.
Jurisdiction — Where to File the Case
You can file a cybercrime complaint online at the National Cyber Crime Reporting Portal (cybercrime.gov.in) irrespective of your location. For an FIR, the police station having jurisdiction over either your residence or your bank’s branch (where the victim account is) can register it. Practically, approach the Cyber Cell of your city (e.g., Pune Cyber Cell) or the district police station. If local police hesitate, remind them that UPI fraud involving cheating is a continuing offence and jurisdiction extends to the place where the victim resides and lost money.
What if Police Refuse to File FIR?
- Send a written complaint to the Superintendent of Police under Section 173(4) BNSS, who can direct investigation.
- File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS, who can order registration.
- If all else fails, approach the High Court under its writ jurisdiction, though this is rare for such matters.
- In Ramesh’s case, the police initially delayed, but the intervention through the cyber portal and simultaneous court application broke the logjam.
Rights of the Accused
- Right to remain silent and not be compelled to be a witness against themselves (Article 20(3)).
- Right to be informed of the grounds of arrest and to consult a legal practitioner of their choice (Article 22).
- Right to be produced before a Magistrate within 24 hours of arrest.
- Right to receive a copy of the FIR.
- Since cheating under Section 318 BNS is bailable, the accused has the right to be released on bail as a matter of course.
Bail Provisions
The offence is bailable, meaning the police must grant bail at the station itself on executing a bond with or without sureties. The accused can also apply for anticipatory bail under Section 482 BNSS if they apprehend arrest, though for bailable offences this is rarely needed. Regular bail under Section 480 BNSS is straightforward. Courts typically impose minimal conditions, such as cooperation with investigation and not tampering with evidence.
Quashing of FIR / Case
Under Section 528 BNSS, the High Court may quash an FIR if it discloses no prima facie offence or is an abuse of process. In cheating cases, if the parties reach a settlement (since it’s compoundable), a joint petition for quashing can be filed. For a victim, this is relevant only if the scammer suddenly reappears and offers a full refund — but that’s not a route to rely on.
How the Police Behave in Such Cases
Cyber cells are generally more responsive than local stations to UPI fraud because the digital trail is clear. But they may still try to classify it as a civil dispute if the seller claims “delivery issues.” Be firm. Provide all transaction IDs, screenshots, and KYC documents. With a well-documented complaint and an advocate’s follow-up, the police usually freeze the account fast. Expect initial inertia; persistence pays.
Timeline of Legal Process
- Complaint & Account Freeze: 24–72 hours if pursued aggressively.
- Investigation: 2–4 months for the police to trace the accused and file chargesheet.
- Cognizance & Trial: Once chargesheet is filed, the Magistrate takes cognizance, frames charges, and trial begins. This can take 6–12 months.
- Recovery Execution: A court order for restitution can be obtained immediately after the account freeze, returning your money without waiting for trial completion.
- Appeal: If needed, the appellate process adds another layer.
How Long Will the Investigation Take?
Investigation in a straightforward UPI cheating case usually wraps up in 60–90 days. The police will seek bank statements, IP logs, and KYC details from the bank where the money landed. If the accused is cooperative or the evidence is strong, chargesheet can be filed faster. Complexities like multiple mule accounts may stretch it a bit, but the digital footprint makes tracing relatively efficient.
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. Cheating under Section 318 BNS is compoundable with the permission of the court. If the scammer returns your money before the trial concludes, you can enter into a compromise and move the court to record it. This closes the criminal case. However, be cautious — many fraudsters use settlement talks as a stalling tactic. Always have your advocate handle any settlement communication to ensure you don’t weaken your legal position.
Common Mistakes People Make
- Delaying the complaint: Every hour gives the scammer time to withdraw or transfer the money.
- Trusting the documents shared: PAN and Aadhaar can be stolen or photoshopped. Verify the phone number and address mismatch immediately.
- Deleting chats or screenshots: These are your primary evidence. Preserve everything.
- Paying in multiple small sums: Scammers push this to bypass instant payment thresholds. Always insist on a single transaction with a clear trail.
- Approaching a lawyer without cybercrime experience: Domain-specific knowledge — knowing which bank node to contact, how to draft a freezing application under Section 528 BNSS, and how to push for priority police action — is the difference between recovering money and losing it forever.
- Posting on social media before filing a complaint: This alerts the scammer and can lead to account closure before the police act.
FAQs People Normally Have
I paid via UPI. Can my bank reverse the transaction?
Only the beneficiary’s bank can reverse it, and that requires a court order or police intervention. Contact your bank immediately to report the fraud and block your account, but don’t expect a voluntary reversal from the fraudster’s bank.
The seller gave a genuine GST number. Does that help?
It does, because GSTIN is linked to bank account and operational address. Share it with the cyber cell — they can trace the real entity behind it.
What if the scammer is in a different state?
Jurisdiction isn’t a barrier. File the cyber complaint online, and your local police can coordinate with the counterpart state police under the BNSS.
How quickly can I get my money back?
With an aggressive legal strategy, a freezing order can be obtained within 2–3 days, and the money can be returned in as little as a week if the funds are still in the account.
Is it worth hiring a lawyer for Rs 80,000?
Yes. Without one, the police may treat it as a low-priority case, and you risk losing the entire amount. A specialist advocate ensures your money is frozen before it vanishes into multiple mule accounts.
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.