Hand loan cheating
Simran
(Querist) 13 May 2013
This query is : Resolved
Hello ,
I have given 5 Lacs to a friend of mine on May 19th'2012 and he promised me to return the money in a couple of months .. Its been a year now , he hasn't returned me the amount ,in the starting he kept postponing saying he will return in a week , then month and so on .Because he being a friend I didn't follow any documents. The transaction happened in front of my colleagues and they are the eyewitness for the transaction.
The worst situation now is that he is not answering my call neither is replying to messages.
The amount which i gave him was done through money exchange as he lives in a different country and it was directly credited to his personal account and I have the details regarding the transaction.
Never expected a friend to cheat like this.Can u please suggest what can i do to get my money back ? Can I proceed legally against him ? Under which section can I file a case? What kind of steps can I take for action against him. Hoping for a positive response.
Regards,
Simran
ajay sethi
(Expert) 13 May 2013
you have lost the money as well as friend . issue legal notice to your friend for repayment of friendly loan of Rs 5 lakhs . i presume it was interest free loan .
problem is you dont have any agreement in writing with your friend .
V R SHROFF
(Expert) 13 May 2013
Try to generate Documents first. He may not refuse to sign a Promissory note, as you can demand the same on excuse of Income Tax records purpose etc. Ask for PD Cheques
If u get such doc, it will further support your Legal action.
If he refuses, it is clear cut can issue notice, as well as lodge a criminal complaint against him for cheating. As you have transaction details, he cannot refuse receiving the amount from you.
Your ace cards are tran thru bank, + Witnesses.. So you have a very strong case
ajay sethi
(Expert) 13 May 2013
since the friend is not answering his calls nor replying to his messages tit would be diffuclt to obtain post dated cheques or get promissory notes .
in addition he has left india and settled down abroad . so better issue legal notice
Simran
(Querist) 13 May 2013
Hello
Thank U very much for your responses.I just need to get few clarifications , Kindly Please advise.
Firstly I don't think further documentation is possible as he is not responding to my call.So I would like to no how can I proceed sending a Legal notice and whom can i approach for legal notice and what are the chances of getting my money back.
I would also like to no along with legal notice shall I also file criminal case for cheating.What would be the better way to approach . Please advise.
Thank U & Regards
Simran
LLB.ACS Gourav Khatri
(Expert) 14 May 2013
Legal Notice is the best remedial course of action lies in your hands. Not only it is a mental pressure but also important to create the first step of your legal battle.
Gourav Khatri
csgouravkhatri@gmail.com
99587 98699
