Sir,
I had lent money to a person, supposedly a unregistered real estate agent, who promised me for a 2BHK flat for a consideration mutually agreed upon. Based on his assurance, i lent him Rs 18L in total until date. From this 17.50L was by cheques and the balance 50K was taken in cash. This was issued to him in phases within a period of 6 months.
Within two months, after having given him Rs 9.75L, He prepared a MOU for the same amount, which was notarised on a Rs 100/- stamp paper. Thereafter, the balance chqs were released to him in phased manner over a period of next 4 months. But there is no notarised MOU for the balace 8.25L which together amounts to Rs 18L in total.
Having suspected his ulterior motives afater 6 months, we began to question him and asked for refund, so he issued us two chqs of Rs 3L and 15L each dtd 18th March and 25th March 2016. Both have bounced for insufficient funds.
My question is:
1. Can i issue the accused suspect a legal Notice under sec 138 NIA and simultaneously lodge an FIR
2. Can i legally get the Rs 50K which i lent him in cash or only the 17.5 which was given by chqs
3. Can i claim for interest and the legal charges for hiring the lawyer
4. How long will the criminal case take and will i be assured of getting the money back or there is no assurance for recovery even by legal methods
5. Once i lodge an FIR, file a criminal case, can i withdraw the case if the accused reimbursed the amt
6. If there is no full solution by legal means, is muscle power required in such a case to presurrise the accused
Experts please give valid and reasonable solutions. Awaiting for sound advice
