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.

Mr.X filed a complaint against Mr.Y for cheating and breach of trust involving a business transaction worth Rs. 5 lakhs. Despite having clear evidence and documents, the case has been dragging for over two years. The investigating officer kept asking for additional documents, witnesses were not being examined promptly, and court dates were frequently postponed. Mr.X felt frustrated with multiple adjournments, procedural delays, and what seemed like an endless legal process. The accused Mr.Y used every possible legal loophole to delay proceedings, filing multiple applications and seeking adjournments. Mr.X began questioning whether the legal system was designed to deliver justice or simply perpetuate bureaucratic procedures that benefit only lawyers and court staff while leaving genuine victims in distress.

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.

• Maintain regular follow-up with investigating officers and court staff to ensure your case receives proper attention
• Keep all original documents and evidence properly organized and readily accessible
• Consider filing applications for speedy trial if delays become unreasonable

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 covers cheating and Section 405 addresses criminal breach of trust. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 mandates completion of investigation within specific timeframes. Section 309 of BNSS provides provisions for expediting trials and preventing unnecessary delays. These sections ensure that justice is not only delivered but delivered within reasonable time limits to maintain public faith in the legal system.

If You Are the Complainant

• File your FIR with complete details and supporting documents at the earliest
• Regularly follow up with the investigating officer about case progress
• Maintain copies of all correspondence and court orders
• Engage an experienced criminal lawyer who specializes in such cases
• Consider filing a complaint with higher authorities if investigation is deliberately delayed

If You Are the Victim

• Document all financial losses and maintain proper records of transactions
• Gather witness statements and contact details immediately
• Preserve all communication evidence including emails, messages, and call records
• File a complaint with economic offences wing if the amount is substantial
• Consider parallel civil proceedings for recovery of money while criminal case is pending

How the Police Behave in Such Cases

Police typically register FIR under relevant sections of BNS and begin investigation by collecting documents and recording statements. They may call both parties for questioning multiple times and verify financial transactions through banks. However, in complex financial cases, investigation often gets delayed due to technical aspects and the need for expert opinions. Police may also suggest mediation between parties for quicker resolution.

FAQs People Normally Have

Why do criminal cases take so long? Multiple factors including court schedules, procedural requirements, and defense tactics contribute to delays.

Can I get my money back through criminal case? Criminal cases focus on punishment; parallel civil proceedings are better for money recovery.

What if police don’t investigate properly? You can approach senior police officers or court for directions to ensure proper investigation.

How to prevent unnecessary adjournments? Engage an active lawyer who regularly appears and opposes frivolous adjournment applications.

What Evidence Is Required?

• Original agreements, contracts, or MOU between parties
• Bank statements showing money transactions
• Email correspondence and written communications
• Witness statements from people aware of the transaction
• Any receipts or acknowledgments of money received
• Mobile phone records and call details if relevant
• Expert opinions for technical or financial aspects

How Long Will the Investigation Take?

Under BNSS, investigation should normally be completed within 60-90 days for such cases. However, complex financial cases may take 6-12 months depending on the amount involved, number of accused persons, and complexity of transactions. Courts can extend investigation period on valid grounds, but unreasonable delays can be challenged.

Advocate Sudhir Rao, Supreme Court of India