FIR Filing in a Cheating Case — Advocate in Hyderabad

What amounts to cheating in law

Cheating is defined under Section 318 of the Bharatiya Nyaya Sanhita, 2023, which corresponds to Sections 415 and 420 of the Indian Penal Code. The essential requirement is deception, and an intention to deceive that existed at the time the promise or representation was made, which induced the complainant to deliver property, money or a valuable security, or to do something he would not otherwise have done.

The distinction that decides most cheating cases is this: a promise that was dishonest from the beginning may amount to cheating, while a promise honestly made and later broken is ordinarily a breach of contract. Where the facts show only a failed transaction, the appropriate remedy is a civil suit for recovery, and an FIR registered on such facts is frequently challenged by way of a quashing petition.

Situations in which cheating complaints commonly arise

• Advance paid for a property or flat that the seller had no title to convey.
• Investment or partnership money collected on false representations.
• Online and UPI frauds, fake job offers and loan-app related deception.
• Forged documents, agreements or signatures used to obtain money or possession.
• Goods supplied against a payment assurance the buyer never intended to honour.
• Double sale of the same property to more than one purchaser.

How an FIR is filed in a cheating case

A written complaint setting out the facts in sequence is submitted to the police station having territorial jurisdiction — ordinarily where the deception took place or where the money was parted with. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 154 CrPC), information disclosing a cognizable offence must be recorded, and a free copy of the FIR is given to the informant.

A complaint may also be given electronically, and an FIR may be registered at any police station irrespective of the place of the offence, with the papers thereafter transferred to the station having jurisdiction. In matters requiring a preliminary enquiry, the law prescribes a time frame within which the police must decide whether to register the FIR.

A complaint drafted with dates, amounts, mode of payment and the exact representation relied upon is far more likely to be acted upon than a general narration of grievance.

If the police do not register the FIR

• A written representation to the Superintendent of Police or the Commissioner of Police, sent by registered post, with proof of the earlier complaint.
• A complaint to the jurisdictional Magistrate under Section 175(3) BNSS (formerly Section 156(3) CrPC) seeking a direction to the police to register and investigate.
• A private complaint before the Magistrate under Section 223 BNSS, where the complainant leads evidence himself.
• In appropriate cases, a writ petition before the Telangana High Court, where inaction by the authority is established.

Which of these is appropriate depends on the record. Approaching the High Court without exhausting the remedy before the Magistrate usually attracts the alternative-remedy objection.

What follows registration of the FIR

The police investigate, record statements, collect bank and transaction records and, where warranted, seize documents. The investigation ends in a charge sheet or a final report. A complainant is entitled to be heard before a final report closing the matter is accepted. On the other side, a person named as accused may seek anticipatory bail if arrest is apprehended, or regular bail if already arrested.

Documents ordinarily needed

• Agreement, purchase order, invoice or written assurance relied upon.
• Bank statements, UPI or transfer records showing the payments made.
• Messages, emails and call records containing the representations.
• Identity and address details of the person complained against, if known.
• Copies of any earlier complaint, legal notice or civil proceeding.
• Identity and address proof of the complainant.