How to File a Police Complaint Against Cheating in India – Money Recovery Guide 2025

Someone cheated you? Took your money and disappeared? Didn't fulfil their promise? You have legal options to get justice and recover your money.

Cheating and fraud are punishable crimes in India. Let's understand how to take action.

What is Cheating Under Indian Law?

Cheating is defined under Section 318 of Bharatiya Nyaya Sanhita (BNS), 2023 (earlier Section 420 IPC).

Legal definition: When someone deceives you dishonestly to:

• Deliver property

• Make you do or not do something

• Causes you loss

Simple meaning: Someone lies to you, you trust them, they take your money/property, you suffer loss.

Common Examples of Cheating:

Financial cheating:

• Borrowed money but never returned it

• Sold fake products

• Promised service but didn't deliver

• Fake investment schemes

• Ponzi schemes

• Multi-level marketing frauds

Business cheating:

• The supplier didn't deliver the goods after payment

• The partner ran away with the business money

• Employee stole company funds

• Fake job offers (took money, didn't give a job)

Property cheating:

• Sold the same property to multiple people

• Forged documents

• Sold property they didn't own

Matrimonial cheating:

• Married for dowry, then left

• Hid previous marriage

• Fake profile on matrimonial sites

Cheating vs Civil Dispute – Know the Difference:

Cheating (Criminal):

• Intent to deceive from the beginning

• Dishonest inducement

• Lies and false promises

• Police can take action

Example: Amit gave you fake gold,, saying it's real, took ₹5 lakhand , and disappeared.

Civil Dispute (Not Criminal):

• Genuine agreement made

• Couldn't fulfildue to circumstances

• No intention to cheat initially

• Only cithe vil court can help

Example: Rahul genuinely borrowed ₹2 lakh for business, the business failed, can't return. (This is a breach of contract, not cheating)

When Can You File Police Complaint?

You can file FIR for cheating when:

• Person lied deliberately

• You were deceived

• You gave money/property based on lies

• You suffered loss

• Person intended to cheat from start

Elements Required:

1. Dishonest inducement – They lied

2. Deception – You believed

3. Delivery – You gave money/property

4. Loss – You suffered damage

All four must be present!

Punishment for Cheating:

Under BNS Section 318:

• Imprisonment up to 7 years

• Fine

• Or both

If cheating involves:

• Public servant – Higher punishment

• Impersonation – Up to 3 years + fine

• Computer/internet – Up to 3 years + fine

Documents and Evidence You Need:

Essential documents: ✓ Written agreement/contract (if any) ✓ Payment proof (bank transfer, cheque, receipt) ✓ Communication (emails, WhatsApp, SMS, letters) ✓ Witness statements ✓ Business cards, letterheads ✓ Photographs (of person, office, product) ✓ Audio/video recordings (legal in India if you're part of conversation) ✓ Identity proof of accused (if available)

Stronger your evidence, better your case!

Step-by-Step: How to File Complaint

Step 1: Gather All Evidence

Collect every single proof:

• Payment receipts

• Bank statements showing transfer

• Screenshots of conversations

• Emails and letters

• Promises made in writing

• Photos of person/office

• Witness contact details

Step 2: Write Detailed Complaint

Either write yourself or lawyer can draft.

What to include:

• Your details (name, address, contact)

• Accused details (name, address, phone, description)

• How you met accused

• What promises were made

• How you were deceived

• What money/property you gave

• Dates and timeline

• Amount of loss

• Why you believe it's cheating (intent to deceive)

• Request for action

Sample format:

To,
The Station House Officer,
[Police Station Name]
[City]

Subject: Complaint regarding cheating and fraud

Respected Sir/Madam,

I, [Your Name], resident of [Address], wish to file a complaint against [Accused Name] for cheating and fraud.

1. On [date], I met the accused who introduced himself as [description].

2. The accused promised me [what was promised] and induced me to pay ₹[amount].

3. I paid the said amount on [date] through [payment mode] based on his false assurance.

4. After receiving the money, the accused [what happened - disappeared/didn't deliver/etc.].

5. I have tried to contact him multiple times but [his response or non-response].

6. I have been cheated of ₹[amount] and request you to register FIR and take necessary action.

Documents enclosed:
1. Payment receipt
2. Bank statement
3. Communication records
4. [Any other evidence]

Yours faithfully,
[Your Name]
[Date]

Step 3: Visit Police Station

• Go to police station in whose jurisdiction crime occurred

• Meet Station House Officer (SHO)

• Submit written complaint

• Insist on FIR registration

Tell them clearly: "I want to file FIR for cheating under Section 318 BNS"

Step 4: FIR Registration

Police will:

• Record your statement

• Write FIR

• Give you FIR copy (free, it's your right)

• Start investigation

Keep FIR copy safe!

Step 5: Police Investigation

Police will:

• Verify your documents

• Try to locate accused

• Record statements of witnesses

• Collect more evidence

• May arrest accused

Your cooperation needed:

• Be available when called

• Provide additional information if asked

• Help identify accused

• Attend proceedings

Step 6: Chargesheet Filed

If police find evidence:

• File chargesheet in court

• Case goes to trial

• You become complainant/witness

What If Police Refuse to File FIR?

This is illegal but happens. Here's what to do:

Option 1: Senior Officer

• Meet Superintendent of Police (SP)

• Submit written complaint

• Request FIR registration

Option 2: Magistrate

• File private complaint under Section 195 CrPC

• Magistrate can order police to file FIR

• Or magistrate takes cognizance directly

Option 3: High Court

• File writ petition

• Court directs police to register FIR

Parallel Action: File Civil Case

Criminal complaint (for punishment) + Civil suit (for money recovery)

You can file both simultaneously!

Civil suit for:

• Money recovery

• Damages

• Interest on delayed payment

• Compensation

Which court: Civil court based on amount involved

Civil vs Criminal:

Aspect	Criminal (FIR)	Civil (Suit)
Purpose	Punishment	Money recovery
Who files	You/Police	You
Outcome	Jail/fine	Money decree
Time	2-5 years	3-7 years
Cost	Low (if no lawyer)	Court fee + lawyer

Tip: File both for maximum pressure and recovery chances!

Alternative: Send Legal Notice First

Before filing FIR, send legal notice to accused:

Why?

• Shows you're serious

• Gives one last chance to settle

• Strengthens your case

• Court appreciates it

Legal notice format:

LEGAL NOTICE

To,
[Accused Name]
[Address]

Dear Sir/Madam,

My client [Your Name] has instructed me to serve you this legal notice regarding cheating and fraud committed by you.

FACTS:
1. [Brief facts of case]
2. [Amount cheated]
3. [Attempts to resolve]

NOTICE:
You are hereby called upon to refund ₹[amount] within 15 days from receipt of this notice, failing which my client shall be constrained to initiate criminal and civil proceedings against you without further notice.

Dated: [Date]

[Lawyer Name]
[Lawyer Address]

Send via:

• Registered post AD

• Speed post

• Email

• WhatsApp (for record)

Keep receipt of sending!

How to Recover Money?

Through Criminal Case:

• Court can order restitution (return of property)

• Section 357 CrPC allows court to order compensation

• Accused may settle before trial to avoid jail

Through Civil Case:

• Get money decree from court

• Execute decree (attach accused's property)

• Auction property to recover money

Reality check: Money recovery is difficult if:

• Accused has no assets

• Accused absconding

• Money already spent

Better chances if:

• Accused has property/income

• Accused wants to avoid jail

• Quick action taken

Limitation Period:

For criminal complaint:

• Generally, FIR can be filed anytime

• But delay weakens case

• Explain reason for delay

For civil suit:

• 3 years from date of breach/cheating

Don't delay! File as soon as possible.

Important Sections to Know:

BNS (Bharatiya Nyaya Sanhita) 2023:

• Section 316 – Criminal breach of trust (7 years)

• Section 318 – Cheating (7 years)

• Section 319 – Cheating by personation (3 years)

• Section 336 – Forgery (2 years)

Old IPC equivalent:

• Section 406 IPC = Section 316 BNS

• Section 420 IPC = Section 318 BNS

Special Cases:

A) Online Fraud:

• File on cybercrime.gov.in also

• Call 1930 immediately

• Mention IT Act sections

B) Cheque Bounce:

• Different law (Negotiable Instruments Act)

• Send legal notice within 30 days

• File case under Section 138 NI Act

C) Employment Fraud:

• Complaint to Labour Department

• Police complaint for cheating

• Consumer court (if applicable)

D) Investment Fraud:

• Report to SEBI, RBI (if regulated)

• Police complaint

• Join other victims (class action)

Common Defenses Accused Will Use:

❌ "It was a loan, not fraud" – Show intent to deceive❌ "Business deal gone wrong" – Prove dishonest intention❌ "He gave money willingly" – Show you were misled❌ "No written agreement" – Oral agreement valid, show other evidence❌ "Civil dispute, not criminal" – Prove elements of cheating

Be prepared with strong evidence!

Tips for Strong Case:

1. Document everything from day one

2. Get it in writing – Verbal promises are hard to prove

3. Immediate action – Don't wait months

4. Multiple evidence types – Documents + witnesses + electronic

5. Clear timeline – When what happened

6. Specific amounts – Exact figures, not approximate

7. Follow-ups documented – Your attempts to contact

8. Witnesses – Anyone who saw/heard

9. Professional help – Hire lawyer if amount is large

10. Patience – Legal process is slow

Costs Involved:

Police complaint: Free (if self-filed)

Lawyer for FIR: ₹2,000-₹10,000

Civil suit:

• Court fee: Based on claim amount

• Lawyer fee: ₹10,000-₹1,00,000+

Total: ₹20,000 to ₹2,00,000 depending on case complexity

Real Examples:

Case 1: Priya gave ₹10 lakh to Rohit for business partnership. Rohit took money, never started business, disappeared. Priya filed FIR with bank transfer proofs and WhatsApp messages. Police tracked Rohit, arrested him. He returned ₹8 lakh to avoid jail. Court gave 2-year sentence for fraud.

Case 2: Suresh bought electronics worth ₹5 lakh from supplier. Supplier never delivered. Suresh sent legal notice, filed FIR. Supplier claimed business problem (civil dispute). Court said clear intent to cheat - supplier took advance from 50 customers, never intended to deliver. Convicted under Section 318.

Prevention Better Than Cure:

How to avoid being cheated:

✓ Check background before trusting ✓ Get everything in writing ✓ Don't pay full amount advance ✓ Use escrow for big transactions ✓ Verify identity (Aadhaar, PAN) ✓ Check office/business existence ✓ Google search the person/company ✓ Don't fall for "too good to be true" offers ✓ Trust but verify ✓ Keep communication records

Red flags: 🚩 Pressure to pay immediately🚩 Only cash transactions🚩 No written agreement🚩 Vague business details🚩 Can't provide address/ID🚩 Unrealistic promises🚩 Poor online reviews

Conclusion:

Being cheated is traumatic, but law is on your side. Take quick action, gather evidence, and don't hesitate to approach police. Remember:

• Cheating is a crime, not just civil wrong

• You can file both criminal and civil cases

• Strong evidence is key

• Don't delay filing complaint

• Money recovery possible if quick action taken

Been cheated? Don't suffer silently. Know your rights and fight back legally!