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EO Wing Case

This query is : Resolved 

31 July 2018

We borrowed 18 lacs from a close friend and returned that back to him after some time. Now he has filed a case against my father that he lent 40 lacs to us, but my father has returned only 18 lacs to him although he have proof of giving us only 12 lacs. Rest 6 lacs were given in cash by him. However, we returned all of his money. He has filed case in EO wing stating that my father took money from him to send him to Canada as my brother is in Canada. Also, he has friends in EO wing and they asked us to submit proof of returning the money which we aubmitted; even though, he has not submitted any proof of him giving us the credit other than his verbal statement and case is still in progress.
Currently, my father is in Canada to visit my brother and that person came to know about that. He sent police at our home today to know my father�s whereabouts since my father didn�t inform EO wing when he went to Canada. The police personnel said that my father is declared �faraar� and �abscond� so I need to sign a statement that he is in Canada. I verbally admitted it, but refused to give it in written.
Can someone guide me future of this case, since that person do not have any proof of giving us more than 12 lacs and we have proof of returning him 18 lacs which we already submitted. Now that person is harassing us by involving us in inquiries.
Please help 🙏🏻

Vijay Raj MahajanOnline (Expert)
31 July 2018

Simple money transaction of lending money to person in India being returned in India, how EO wing come in play?
If matter goes for prosecution in court it would be for money transfer from India to Canada, without following proper provided procedures. For that you need to check with Chartered Accountant.

Vijay Raj MahajanOnline (Expert)
31 July 2018

More over the amount of money allowed by RBI for overseas transfer is US $2,50,000/- or approx. INR 1,70,000,00/- INR 18,000,00/- within limits unless you crossed the limit that can put you in trouble with EO wing, or used Havala for money transfer rather RBI authorised agents.

Kapil ChandnaOnline (Expert)
01 August 2018


Was any FIR registered against your father ? Did you applied for protection order from the court ?

Warm Regards
Kapil Chandna Advocate

Sudhir KumarOnline (Expert)
01 August 2018

EO wing is not an agency for securing refund of debts.

There is something much more you need to reveal.

Vijay Raj MahajanOnline (Expert)
01 August 2018

EO wing take only matter where huge sum of money involved for money laundering and serious economic offences committed, matter relating to personal enmity and money exchange like in this case will not be subject matter for EO wing to interfere and investigate.
If any FIR registered in the matter, apply for anticipatory bail to avoid arrest of the concerned person.

Dr J C VashistaOnline (Expert)
05 August 2018

Since the police (EO) is functioning/ taking interest in this case under influence/pressure, which is otherwise, beyond their jurisdiction, obtain the services of a local prudent professional lawyer.

Experts on this platform can render limited social service, therefore, do not solely rely upon their opinion and advise who are provided inputs to you based on the fact narrated by you.

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