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Money given and got cheated

(Querist) 05 August 2009 This query is : Resolved 
Mrs "A "took money from me for her house construction purpose and signed pronotes for the same. later she started lying and breaking her commitments of liability. whenI asked her to pay my money she brought her husband in front of us as surety and asked her husband to execute a bond on 100 Rs stamp paper for firm commitment and issued a cheque(husbands). They commited to pay the money in one month but such repayment has not happened. Now they claim that they have paid all the dues to us. Iam completely induced by them Actually i barrowed this amounth from some one else from outside and gave it to them. What should i do now and how should i approach court or police station
Sarvesh Kumar Sharma Advocate (Expert) 05 August 2009
go to the police station and laudge a fir .
Deekshitulu.V.S.R (Expert) 06 August 2009
Mr Sharma

What is the offence for which you suggest lodging a complaint. It is just a money transaction. Where are the elements of Sec. 420 IPC in this case?

On the other hand make out a case under Sec. 138 NI Act. Since the husband has undertaken the responsibility of paying wife's debt and gave a cheque to that effect, try the chancec by giving notice and proceed under SEc. 138 NI ACt.
R.R. KRISHNAA (Expert) 06 August 2009
This is purely a civil dispute. The proper course would be to file a suit for recovery of money.

There is no element that could bring the facts under criminal law. I suggest to proceed with civil suit for recovery of money.
maynami (Querist) 07 August 2009
why is it that iam unable to view the comments shared by experts


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