Cheated by company claiming to give job
I need to file a complain or case against a company who cheated me in the name of giving me job and took a lot of money from me. Can you please help?
The crime attracts the provisions of cheating as contemplated under Section 415 - 420 of the Indian Penal Code. Cheating in its essence, calls for a person to intentionally deceive another individual to cause the latter a wrongful loss. The punishment is elaborated under Section 417 IPC and awards a person if convicted, a term of imprisonment of one year and/or fine.
There are two ways how you can approach this matter. Firstly a First Information Report with the concerned Police Station may be filed. If the police register an F.I.R. (In some cases they don’t) they will carry out an investigation to nab the accused, charge sheet him and present him before the competent court for criminal proceedings. Here you may not have any role in the legal proceedings except for assisting the Public Prosecutor by providing evidence.
However if the police do not accept your complaint you may file a private complaint under Section 190 of the Criminal Procedural Code, that mandates a Magistrate to take cognizance of an offense, that may not be brought to him by a police officer. If the magistrate finds sufficient grounds for proceedings he will initiate action under Section 204 of Cr.Pc., that gives him the power to summon the accused or issue warrant for his arrest. Thus you should first approach the police station in your area and if the due result is not obtained you may approach the court of law.
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