A man named Sameer from the city of Anandpur found himself in a dire situation. He was approached by an individual, Vikram Sharma, who promised to secure high-paying software jobs for Sameer’s cousin, Ajay, and their mutual friend, Rahul. Initially skeptical, Sameer was gradually convinced over several weeks as Vikram presented what appeared to be credible “proof”—fake appointment letters of others he had supposedly placed and two security cheques of ₹20,000 each as a “guarantee.”

Facing significant financial pressure at home, Sameer saw this as a golden opportunity for his family. He took a personal loan of ₹40,000 from acquaintances and added ₹10,000 from his own savings, paying a total of ₹50,000 to Vikram. The trust was built on Vikram’s polished communication and daily follow-ups, which abruptly stopped the moment the payment was made.

Following the payment, Vikram began to evade all contact. His phone calls went unanswered, and the “guarantee” cheques he had provided were dishonoured by the bank. One cheque bounced due to insufficient funds, and the other was returned because of a forged signature. Sameer is now left with the burden of repaying a significant loan while his cousin remains unemployed. The immense stress and guilt of falling for this elaborate scam have taken a severe toll on his mental well-being.

Advice in such cases

Falling victim to a scam can be emotionally and financially devastating. However, it is crucial to act swiftly and strategically to seek justice.

• Preserve all evidence meticulously. This includes text messages, emails, call records, bank transaction details, and the dishonoured cheques along with the bank’s return memo.
• File a formal police complaint (FIR) at the earliest. Do not delay, as time is of the essence in such financial fraud cases.
• Inform your bank about the fraudulent transaction, although reversing a payment you made willingly can be difficult, it’s an important step to have on record.
• 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 of 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.

Applicable Sections of Law

Under the new Indian penal laws, several provisions can be invoked against the accused. The primary law is the Bharatiya Nyaya Sanhita, 2023 (BNS).

• Section 318 of the BNS (Cheating): This is the most relevant section. The act of dishonestly inducing Sameer to part with ₹50,000 by making false promises of a job squarely falls under the definition of cheating.
• Section 335 of the BNS (Forgery): The act of providing a cheque with a forged signature constitutes forgery, which is a serious criminal offence.
• Dishonour of Cheque: While the bounced cheque due to insufficient funds is primarily dealt with under Section 138 of the Negotiable Instruments Act, 1881, when it’s part of a larger scam, it serves as strong evidence of the fraudulent intent from the beginning.

If you are the complainant

As the person who has been defrauded, you are the complainant. Your role is critical in initiating the legal process.

• Draft a comprehensive written complaint detailing the entire sequence of events, from the first contact to the discovery of the fraud. Attach copies of all evidence.
• Visit your local police station to file a First Information Report (FIR). If the police are uncooperative, you have the right to send your complaint to the Superintendent of Police or a higher-ranking officer.
• If an FIR is still not registered, you can file a private complaint before the Magistrate’s court under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
• 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 of 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.

If you are the victim

It is important to manage the emotional and practical aspects of being a victim of crime.

• Do not blame yourself. Scammers are adept at manipulation and psychological tactics. Their profession is to deceive people.
• Seek emotional support from trusted friends or family. Dealing with the aftermath of fraud can be isolating and stressful.
• Focus on the legal steps required. Taking action can be empowering and is the only path toward potential recovery and justice.
• 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 of 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.

How the police behave in such cases

The response from the police can vary. In cases of financial fraud, they may sometimes misclassify it as a “civil dispute,” especially if agreements or cheques are involved. However, the elements of deception and forgery make this a clear criminal case. It is important to be persistent and clearly state the criminal offences committed. Having a lawyer accompany you or draft the complaint can ensure that the police take the matter seriously and register an FIR under the appropriate sections of the BNS.

FAQs people normally have

What evidence is required?

Strong evidence is key to a successful prosecution. You will need:

• Records of all communication with the scammer (WhatsApp chats, SMS, emails, call logs).
• Bank statements showing the transfer of money to the accused’s account.
• The original dishonoured cheques along with the cheque return memos from the bank specifying the reason for dishonour (e.g., “Funds Insufficient,” “Signature Differs”).
• Any fake documents or “proof” provided by the scammer.
• Contact details of any other witnesses or victims if you can find them.

How long will the investigation take?

The duration of a police investigation and subsequent court case can be unpredictable. It depends on various factors, including the workload of the police, the complexity of tracing the accused, and the efficiency of the judicial process. It can range from several months to a few years. However, initiating the process is the first and most crucial step toward holding the perpetrator accountable.

Advocate Sudhir Rao, Supreme Court of India