Cheated of Money in Gurugram? How to File a Cheating Complaint With the Police or EOW, and What Happens Next

You paid an advance to a property dealer who then stopped answering calls. You invested in a "business opportunity" that turned out to have no business behind it. Someone took money promising a job, a visa or a government allotment and vanished. If you have been cheated of money in Gurugram, the anger and worry are natural, but what you do in the next few days decides how strong your case will be. This article explains, in plain language, how to prepare and file a cheating complaint with the police or the Economic Offences Wing (EOW), what happens after it is filed, and how the money itself can be pursued.

This guide is about ordinary (offline) cheating and fraud. If the money was lost through an online payment, UPI, a fake website or a phone call, speed matters even more; see our guide on what to do in the first 24 hours after an online fraud.

Step 1: Check whether the facts really show cheating

The police can only act if the facts disclose an offence. The main provisions are:

• Cheating under Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (formerly Section 420 IPC): the accused deceived you and, by that deception, dishonestly induced you to hand over money or property.
• Criminal breach of trust under Section 316 BNS (formerly Section 406 IPC): money or property was entrusted to the accused for a purpose, and they dishonestly misused or kept it.
• Where fake documents were used, offences of forgery may also apply, and where several people acted together, criminal conspiracy.

The key question in cheating is the accused person's intention at the time the money was taken. A deal that genuinely failed is usually a civil dispute, not a crime. Our earlier article on cheating versus civil disputes explains this line. Being honest with yourself at this stage avoids a weak complaint that goes nowhere.

Step 2: Collect and organise your evidence

Cheating cases are won or lost on documents. Before you go to the police, gather:

• Proof of payment: bank statements, cheque copies, UPI or NEFT transaction details, and cash receipts if any.
• What was promised: agreements, receipts, brochures, offer letters, allotment letters, and any document the accused gave you.
• Communications: WhatsApp chats, emails, SMS and call records. Take screenshots that show the date and the other person's number, and keep the original phone safe.
• Identity of the accused: name, phone numbers, address, office location, company name, vehicle number, or photographs, whatever you have.
• Other victims: if you know others who were cheated in the same way, note their names and contact details. Multiple victims often show that deception was planned from the start.

Prepare a short timeline: when you met the accused, what was said, when and how each payment was made, and when you realised you had been cheated.

Step 3: Write a clear complaint

A good complaint is factual, chronological and specific. It should state:

1. Your name, address and contact details.
2. The details of the accused, as far as known.
3. What the accused represented to you, and why you believed it.
4. Each payment, with date, amount and mode.
5. What happened afterwards, and how you discovered the deception.
6. A list of the documents attached.

Avoid exaggeration and do not add names of people who had no role. A false or inflated complaint can harm your case and can expose you to legal consequences. Keep the language simple; the police will decide which sections apply.

Step 4: Where to file the complaint

The local police station

Cheating is a cognizable offence, so the police station must record your information under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (formerly Section 154 CrPC). You can report at any police station, and it can be transferred to the correct station (a "Zero FIR"). Give the complaint in writing and ask for a stamped copy or diary number. Once an FIR is registered, you are entitled to a free copy.

The Economic Offences Wing

Gurugram Police has Economic Offences Wing units that deal with financial frauds. Larger frauds, cases involving many victims, or cases needing detailed examination of bank and company records are often handled by, or referred to, an EOW unit. In practice, a complaint given to the police may be marked to the EOW for enquiry, or it may be submitted to the senior police officers and then assigned. Keep a record of where your complaint is and which officer is handling it.

Preliminary enquiry

For some cognizable offences punishable with three years or more but less than seven years, the BNSS allows the police, with the permission of an officer not below the rank of Deputy Superintendent of Police, to conduct a preliminary enquiry within 14 days before registering an FIR. If you are told an enquiry is going on, note the date and the officer's name and follow up in writing.

Step 5: If the police do not act

If the police refuse or delay without reason, the law gives you a ladder of remedies:

1. Write to the Commissioner or Deputy Commissioner of Police by post under Section 173(4) BNSS (formerly Section 154(3) CrPC), and keep the postal receipt.
2. Apply to the Judicial Magistrate under Section 175(3) BNSS (formerly Section 156(3) CrPC), with an affidavit, asking for a direction to register an FIR and investigate.
3. Alternatively, file a private complaint before the Magistrate.

These steps are explained in detail on our page on police not registering an FIR.

What happens after the FIR

• Investigation. The police may call both sides, collect bank records, trace where the money went, and record witness statements.
• Freezing and seizure. Where the money can be traced, the police may seize property or have bank accounts linked to the offence frozen during investigation. The BNSS also contains a procedure (Section 107) under which a court can order attachment of property that is believed to be proceeds of crime.
• Updates to you. Under Section 193(3) BNSS, the police are required to inform the informant or victim of the progress of the investigation within 90 days. You can also ask the investigating officer for updates in writing.
• Arrest and bail. Whether the accused is arrested depends on the facts and the law; the accused may seek bail or anticipatory bail, and you may be heard in some proceedings.
• Chargesheet and trial. If the police find sufficient evidence, they file a chargesheet and the case goes to trial in the Gurugram courts.

Getting the money back: think about civil remedies too

A criminal case can lead to punishment, and sometimes pressure leads to a settlement, but a criminal court is not a debt-collection agency. Recovery of money usually needs a parallel plan:

• A legal notice demanding repayment.
• A civil recovery suit, including a summary suit in suitable cases based on written documents. Civil claims have limitation periods, so do not wait for the criminal case to end before considering them.
• Arbitration, if your agreement contains an arbitration clause.
• If a cheque given to you was dishonoured, a separate remedy under Section 138 of the Negotiable Instruments Act may be available.

More on these routes is on our pages on cheating and EOW matters and civil recovery.

Common mistakes to avoid

• Waiting for months hoping the accused will "return the money soon". Delay weakens the complaint and gives time to move money.
• Paying more money to "release" the first payment, which is a common second stage of fraud.
• Deleting chats or changing phones before taking proper backups.
• Threatening the accused or posting accusations on social media, which can lead to complaints against you.
• Signing a settlement without a written, dated document stating what is being paid and when.