Legal Question in Criminal Law in India

Hi,

One of the dealer of Hero Moto Corp cheated me, I want to submit a complaint at the nearest police station (I think IPC 420 need to filed). What is the format of writing the complaint?

I booked for a hunk bike @ Srinivasa automobiles, chennai on 28th Dec 2011 by paying 20,000 Rs. January end was the delivery, but they did not deliver, and later I paid full amount on 21st Feb, and by 23rd it will be delivered. But they could not deliver it. Later I have asked for refundiing the money, they agreed it on March 08th. By march 20 2012 they given a cheq for Rs 76,100 (which I payed for the bike),a nd its bounced due to insufficient fund. I have reported this issue to Hero moto corp and they have sent mail to dealer and hero South India Office. But later I did not get any response from anyone.

Now 30 days are passed after cheque bounced.... So tell me the procedure to file a complaint (420) to the nearest police station. I guess Police will register it...then what I should do?

Thanks

Krishna.


Asked on 4/24/12, 2:21 am

3 Answers from Attorneys
Santosh Dash Legal Consultant

refer provision of 138 of the negotiable instrument act for cheque bounce and act according to it. 420 will be secondary

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Answered on 4/24/12, 2:26 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you should have issued a legal notice within 30 days from dishonor of cheque. now you may file a suit for recovery and also file a complaint to the consumer dispute redressal forum.

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Answered on 4/25/12, 4:35 am
Shrichand Nahar S.V.Nahar, Advocate

No form of complaint. All facts constituting offence should be there.

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Answered on 7/07/12, 2:54 am


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