Cheating case

Ivan (Querist) 09 August 2017 This query is : Resolved
My friend cheated me of money, and now not paying back the amount. I have verbal taped conversations between us and some money transfer receipts only. Can I use these to file a case to recover the money. I need guidance how to file case...

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Ms.Usha Kapoor (Expert) 10 August 2017
Armed with this evidence you approach an expert civil lawyer who will after issuing due notice to your friend would file a suit for recovery of money from your friend defendant.

Ms.Usha Kapoor (Expert) 10 August 2017
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Sudhir Kumar, Advocate (Expert) 10 August 2017
full facts are not given so it is difficult to agree or disagree with above views.

Sudhir Kumar, Advocate (Expert) 10 August 2017
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

Such loan is taken by a person:-

(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.

(ii) who cannot raise bank loan because :-

Either
he himself is not creditworthy

Or
the purpose for which he seeks loan is illegal

or
the purpose for which he seeks loan is not at all commercially viable.

(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) Who has made fortification against action of refund.

So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)

Such loans are given by the persons :-

(i) Who has surplus money.
(ii) Who displays and boasts of such surplus money.
(iii) Who stupidly believe that there will be a refund.
(iv) Fails to realise as to why he alone (not bank) is being contacted for loan.
(v) Who has extreme trust on the debtor
(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

Such loans are always given

(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations

Soon after giving such loan :-

(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persuasion is socially criticised.

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R.K Nanda (Expert) 10 August 2017
you can file recovery suit in court but chances to win are very remote .

Advocate Bhartesh goyal (Expert) 10 August 2017
Unless you have no cogent evidence/proofs your chances to win the suit are least.verbal conversation [tape record ] evidence is not admissible evidence unless you do not submit the certificate u/sec 65 B of Evidence Act in court.