A and B are friends. A is an NRI living in USA. B is an Indian living in India. A owes lot of money to B. With B's approval, A tried to purchase a business in USA and share profits with B. But A got cheated by X, another NRI living in USA, and lost all the money. The fraud took place in USA. This forced A to default on his commitments to B. This also forced B to become an indirect victim of fraud. Can B file a police complaint against X in India, when X visits India ? What are the applicable criminal and civil codes/sections? Will you be able to represent B ?
Dear Client as per your query, There are jurisdictional problems for B to file a complaint against X an NRI who had fraudulently cheated in the USA and it had endemiable economic loss for the B. From the Indian criminal law, B could try to make a case against X under Section 415 of Indian Penal Code IPC for Cheating and for ‘Cheating and dishonestly inducing delivery of property’ as per Section 420 IPC; though to make a case B could point out that X’s action had a bearing on financial loss to B, an Indian citizen. Section 120B (Criminal Conspiracy) may also come to the rescue of B, if he can turn the evidences to show that X did make some form of conspiracy, which could be a much indirect effect to B, operating in India. However, to impose jurisdiction in India the fraudulent act has occurred in USA only this may be a problem. On the civil front B could appeal by Section 20 of the CPC whereby a suit could be brought where the defendant is found or where the cause of action happened. There are no apparent bases for jurisdiction, other that what B could assert that the losses he incurred gave rise to a cause of action in India that may give him some foundation for the suit. It would naturally always need assistance from a legal representer of the U.S. origin to ensure coordination of international legal recourse since the fraud happened.Feel free to book an appointment for a detailed disscussion.
Dear Client, since the fraud occurred in the USA, Indian police may have limited jurisdiction over crimes committed outside India. However, if X is physically present in India, B can file a complaint under Section 415, Section 420 (Section 318 of the BNS) and Section 468 of the IPC based on the alleged fraud and its consequences. Further, B could prepare a detailed written complaint outlining the facts of the case, which includes, the nature of the fraud committed by X, evidence of A's financial loss and its impact on B and also evidence of A's financial loss and its impact on B. Submit this complaint to the local police station where B resides or where X is expected to be. Include all relevant documents such as emails, messages, contracts, or any other evidence that supports the claim of fraud. In addition to criminal proceedings, B may consider filing a civil suit against X for recovery of losses incurred due to the fraud. Feel free to book an appointment for a detailed discussion.
Dear Sir, You can file complaints in both the countries. If you are not in India then get execute a power of attorney who may be asked to lodge complaint in India.
