Recovery of money!

a rastogi (Querist) 25 November 2025 This query is : Resolved
All respected and learned advocates,

I am already thankful to all of you for the valuable advises on earlier matters. Now again I am seeking a help on below matter in form an advice.The statement of facts are as below:

1. I am Ankur from Karnataka-Bangalore with account at Bangalore, on request from Mr SK Saxena, NK Tailors, Moradabad with Account at Moaradabad, requested money on 29 December 2023 to 04 March 2024 with commitment to return back within 60 days i.e. 29 Feburary 2024.

2. Transactions of money transfer into his account.
Date -- Mode -- Amount (₹)
29 December 2023 -- UPI Payment -- 1,00,120
30 December 2023 -- UPI Payment -- 10,000
15 Janurary 2024 -- UPI Payment -- 40,000
20 Feburary2024 -- UPI Payment -- 60,000
04 March 2024 -- UPI Payment -- 10,000

Total Transferred: ₹2,20,120

3. Despite the agreed repayment date having passed, the accused failed to return the money. Even after granting an additional grace period of 30 days, only small repayments totaling ₹21,000 were made over a span of 20 months.

4. Transaction of money into my account
Date -- Mode -- Amount (₹)
05 March 2024 -- UPI -- 7,000
18 March 2025 -- UPI -- 5,000
23 April 2025 -- UPI -- 5,000
28 April 2025 -- UPI -- 4,000
Total Repaid: ₹21,000

5. Then he said in between to issue the cheques of remaining INR 200000, after multiple reminders he didn't. Then i tried via a friend at UP-Moradabad, then he issued 10 cheques of each of INR 20000 on his wife name Indu Saxena, on 20 of each month from september-2025 to june-2026.

6. Then initially all 3 initial cheques has been bounced with reason "Funds Insufficent". After multiple reminders he paid INR 20000 against first cheque of 30 September 2025, but afterwards in rest of both cheques , he is just doing procrastination, i.e. multiple fake commitments which didn't get fulfilled. i.e. giving a date and on the said date either silent or come with new date with some reason is continuous pattern since approximately 20 months i.e. since March - 2024.

7. Now I sent NI-138 Notice to ( his wife ) Indu Saxena on 21--11--2025 on there business address mentioned at Govt GST Portal, but as of now latest status of speed post is "Item Invoiced" and "Kept in Deposit". It seems he had bribed or some other settlement in between him and postman to refuse the notice.

Now I want to know best remedy. The continuous pattern of fake commitments shows he don't want to pay but never deny too, only endless fake commitments verbal, written in whatsapp chat and now in cheques too.

My prediction is till he don't feel the threat of arrest, he will only continue the same pattern. My question is how to recover the money. I do have all written whats-app chats as records.

Kindly suggest best advice on :

1. Recover the hard-earned money.
2. What would mean by speed post status of "Item Invoiced" and "Kept in Deposit"?
3. Can I use the same status somehow in further legal action against him ?

Regards.
Ankur

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Quick Summary

Ankur from Bangalore lent over ₹2.2 Lakhs to an acquaintance from Moradabad between December 2023 and March 2024, with a promised repayment within 60 days. Despite the deadline passing and subsequent grace periods, only a small portion has been repaid. The debtor issued cheques for the remaining amount, but these have bounced due to insufficient funds. A legal notice sent via post is currently stalled, with unclear delivery status. Ankur is seeking advice on the best legal course of action to recover the outstanding amount, given the debtor's evasive tactics.

T. Kalaiselvan, Advocate (Expert) 25 November 2025
You obtain the status of the delivery of notice from postal department through RTI act and then proceed as per law for recovery of money

a rastogi (Querist) 25 November 2025
My major worry is, In NI-138 Receiving of notice is needed and if somehow he didnt receive then how to manage and what to manage , still , since two days from HO, Invoiced and Deposit is happening only. It has high chance to afterwards declared as undeclared due to any artificial reason like wrong address or shifted or anything fabricated.

When someone dont want to pay and he is enough educated that, he can understand all these legal angel, definitely he will use such methods and in INR 500 anything postman may write.

Hence whats the solution of this problem do anyone suggest here ?

kavksatyanarayana (Expert) 25 November 2025
You can publish the legal notice through your advocate in the largest circulated daily newspaper regarding the recovery amount within a fortnight; otherwise, necessary legal action will be taken. If he does not respond, file a recovery suit in a court of law.

Dr. J C Vashista (Expert) 26 November 2025
Too long a story for consideration and obligation.
It is better to show relevant records to a local prudent lawyer practicing service matters for proper analyses, professional advise and necessary proceeding.

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