TL;DR
Mumbai mobile shop owner (Prince Gurjar, Prince Communication, Ghatkopar East) induced 3 people into a financial arrangement through false representations, fabricated corporate credentials, and fake payment gateway dashboards. Over Feb–Mar 2026, ₹15.39 lakh was transacted. When repayment was due, he sent forged payment screenshots, provided a fake home loan sanction letter, concealed that his Kotak Bank account (₹47L) was frozen by cyber crime order, and issued 8 cheques totalling ₹12.47L — all bounced. His sister Priya independently defrauded a victim of ₹18,000 and had ₹49,999 fraudulently routed to her personal account. Accused admitted full dues in writing twice (Feb 28 + Mar 28). Has gone completely silent since April 7. Formal legal notice sent April 19. Police not registering FIR. 190+ page evidence pack compiled.
Key questions: Is Section 138 NI Act viable given the transaction nature? Does criminal complaint under BNS 316/318 survive the illegal transaction defence? Best authority to approach — Cyber Crime Cell, EOW, or directly to Magistrate under Section 175(3) BNSS?
Background
I am one of three victims (myself + 2 friends) of an alleged financial fraud by a mobile phone shop owner — Prince Gurjar and his sister Priya Gurjar, operating Prince Communication, Shop No. 35, Sai Infotech, Patel Chowk, RB Mehta Rd, Ghatkopar East, Mumbai 400077.
Total outstanding: ₹15,39,171
Period of fraud: January–April 2026
Current status: Legal notice sent April 19, 2026. Police complaint filed. No FIR registered.
How It Happened
In January 2026, we visited the accused's shop to purchase a phone. The accused presented himself as a high-volume businessman with corporate clients (ONGC, SBI, Motilal Oswal, Bank of America — all later found to be false). He induced us to provide financial assistance through his payment gateways and POS machines — portals including Rapipay Fintech, MOS IRCTC, BizzSolution, TollSetu, HighwayPas, RailSafar — assuring full repayment before our billing cycles along with agreed returns.
Over February–March 2026, transactions were conducted across multiple accounts totalling ₹15.39 lakh across three victims:
Victim 1 (myself): ₹9,24,243
Victim 2: ₹4,39,968
Victim 3: ₹1,74,960
The Fraud: Specific Acts with Evidence
- Fabricated Payment Screenshots
On multiple occasions when payments were due, the accused sent edited/fake payment screenshots showing transfers made. Banks confirmed zero receipt every single time. UTR numbers shared were non-existent.
- Fake Payment Gateway Dashboard
On Feb 10, 2026, accused shared a dashboard showing ₹46,54,654 in transactions in 30 days — fabricated to induce continued trust.
- Forged Home Loan Sanction Letter
Accused provided a fake home loan sanction letter to falsely assure that repayment was imminent from loan proceeds.
- Concealed Frozen Bank Accounts
Accused's Kotak Mahindra Bank account (approx. ₹47 lakh inside) was frozen by a cyber crime order since ~Feb 23, 2026. His Bharat Bank account was also frozen. He concealed this from us for 10 days while continuing to take money and make repayment assurances. He admitted this himself at 1AM on March 5 in writing:
"My all fund in Kotak stuck... 47 lakhs odd... wasn't disclosing."
- Staged Bank Balance Videos
When cheques bounced, accused shared video recordings of his Axis Bank app showing sufficient balance. Axis Bank branch employee later confirmed on record that funds had been transferred OUT of the account immediately after the balance screenshot was taken — specifically to defeat cheque encashment.
- ₹49,999 Fraudulently Routed to Wife's Account
During a March 23 transaction, ₹49,999 meant for my account was deliberately routed to Priya Gurjar's personal bank account via BizzSolution portal. Only ₹27,500 was returned after repeated follow-up.
- Priya Gurjar's Independent Fraud
On Feb 26, Priya independently messaged me claiming a fabricated emergency, obtained ₹18,000 from me under false pretences. Amount never returned.
- Illegal Forex Operations
Accused admitted on WhatsApp to buying USD at ₹89.80 and selling at ₹91.50, depositing cash at CDM machines. Also travelled to Vadodara specifically for "international card swiping — USD to INR conversion, expecting ₹2 crore in 3 days." Claimed to have one of only 5 POS machines in India that accepts 42 countries' cards and boasted of a database of 300 credit cards.
- Intimidation
On March 15 midnight, when we escalated, accused sent threatening messages:
"Do you understand what consequences these are? I'm 37. Have seen all legal and illegal business — blood, hits, gambling, smuggling. Never in your life contact my associates without consent."
Written Admissions on Record
These are the accused's own WhatsApp messages:
Feb 28, 2026: "All done and noted. 7th, 18th, 20th — 3 dates in mind." — Full written acknowledgment of ₹15+ lakh dues
Mar 28, 2026: "The given dates shall be honoured."
Mar 25, 2026: "Legal proceedings kari naakh — hun tyaan jawab aapi dais." (File legal proceedings, I'll answer and pay there)
Apr 3, 2026: Refused to confirm outstanding amount. Said "I will pay according to my convenience."
Apr 7, 2026: Last acknowledgment of ₹16.1 lakh outstanding. Gone silent since
The 8 Bounced Cheques
All issued on Axis Bank, Ghatkopar East. All bounced — "Insufficient Funds":
Total: ₹12,47,000 — all returned Insufficient Funds
Before issuing cheques, accused specifically assured the account was backed by a gold overdraft facility. It was not.
Current Legal Status
Formal legal notice issued April 19, 2026 under BNS Sections 316, 318, 335, 336, 111 and Section 138 NI Act
CC marked to Senior Inspector, Pant Nagar PS and Commissioner of Police, Mumbai
Complaint filed at Pant Nagar Police Station — FIR not registered
190+ page evidence datapack compiled including all WhatsApp chats, bank statements, forged document screenshots, cheque return memos
Lawyers Consulted
Consulted 3 lawyers so far with conflicting advice:
Lawyer A — File notices to Prince + GST/IT/Bank authorities. Section 138 is weak as debt may not be legally enforceable. FIR possible as add-on. Charges ₹20k+
Lawyer B — Focus on FIR under BNS 420/316/318. Section 138 will work due to presumption under Section 139. Charges ₹10k all-in. Avoids going to police station himself, will send written complaint and escalate to DCP if needed
Lawyer C — Most pessimistic. Said no court will pass order in our favour since the underlying transaction (financial accommodation through credit card) is itself not legal and we don't hold RBI lending licence
My Specific Questions
Given the nature of the transaction (financial accommodation through credit cards — not a cash loan), is the debt legally enforceable for purposes of Section 138 NI Act?
Does the written admission on WhatsApp (Feb 28 + Mar 28) constitute a valid acknowledgment of debt under Section 18 of the Limitation Act and help establish legally enforceable liability?
Can a criminal complaint under BNS 316/318 be filed successfully despite the illegality of the underlying transaction — since the fraud elements (forged documents, fake screenshots, concealed frozen accounts) are independent of the transaction structure?
Is EOW Mumbai the right authority to approach, or should we go directly to the Metropolitan Magistrate under Section 175(3) BNSS given that local police are not registering FIR?
What is the realistic recovery probability given the illegal transaction angle, and is civil suit a viable option at all?
Evidence Available
✅ Full WhatsApp chat archive (190+ pages, chronologically documented)
✅ Bank statements showing zero receipt despite fake payment screenshots
✅ 8 cheque return memos from AU Small Finance Bank
✅ Accused's written admission of full dues (Feb 28 and Mar 28)
✅ Forged home loan sanction letter (original screenshot)
✅ Fabricated payment gateway dashboard screenshot
✅ Axis Bank employee confirmation (verbal, witnessed)
✅ Priya Gurjar's independent fraud conversation
✅ Accused's own admission of frozen accounts in writing
✅ Intimidation message screensho
Any guidance from lawyers or people who have faced similar situations would be greatly appreciated. Thank you.