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One person sending very bad sms to me

Querist : Anonymous (Querist) 25 January 2023 This query is : Resolved 
I borrowed money from my office mate. Rs 3 lakhs. I paid interest regularly but unable to repay principal loan amount. I told him to take legal action on me in civil court. He started to shout at me regularly. Now he sent me very bad sms about my wife mom and sister. I couldn't tolerate such sms. I didn't fight with him. I m willing to take legal action on him for sending vulgar sms.what is the procedure to take action on him. Is it punishable offence under IPC?
kavksatyanarayana (Expert) 25 January 2023
Complain to cyber cell against him.
Sudhir Kumar, Advocate (Expert) 30 January 2023
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:-

Who lacks business sence and cannot raise funds out of his own business and suddenly wants to be rich.

who cannot raise bank loan because :-


he himself is not creditworthy


the purpose for which he seeks loan is illegal


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

Who knows he can afford not to refund.
Who trusts his thick skin
Who intends not to refund
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 :-

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

Such loans are always given

Without documentation.
Without witness
Without guarantor.

Business started by such money (easy money belonging to other) invariably fails.

Such loans always sink and not refunded.

P. Venu (Expert) 30 January 2023
You can initiate a criminal action. However, such a course will not cure the root cause but may worsen the situation.

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