Taking back the money!
Querist :
Anonymous
(Querist) 01 June 2025
This query is : Resolved
All Respected and Learned Advocates,
Thanks for all of your help till yet.
My matter is:
I given the money on demand and with commitments of getting back money within 3 months to my old friend. I given money as below :
Date Amount(INR)
29-Dec-2023 INR1.00
29-Dec-2023 INR50K.00
29-Dec-2023 INR50120.00
30-Dec-2023 INR10K.00
15-Jan-2024 INR40K.00
20-Feb-2024 INR50K.00
20-Feb-2024 INR10K.00
04-Mar-2024 INR10K.00
Total: INR220121.00
and Received money back as below
Date Amount
05-Mar-2024 INR5K.00
05-Mar-2024 INR2K.00
18-Mar-2025 INR5K.00
23-Apr-2025 INR5K.00
28-Apr-2025 INR4K.00
Totals = INR21K.00
The problem is three months commitments has not been fulfilled in 17 months. Whenever I am asking for money back, he is showing some of his problem and give next commitment like today tomorrow , next week, month , 2/3 months later etc etc but 95% at the time on commitment date some extremely little payment like 5K , 4K and rest again same, in short any bare statement and no or doubtful or partial fulfillment due to some problems this happen that happen. I am not in state of trust further on the him.
Now I want to get the money back as the amount is big, so i cant left as it is. I am at Karnataka and he is at UP.
Kindly suggest what best remedy I can avail to get money back at the earliest as 17 months has been passed and no further confirmed visibility and I am needing the money due to some critical need.
Kindly suggest further on the above.
Best Regards to all of you!!
T. Kalaiselvan, Advocate
(Expert) 01 June 2025
If you have lent the money at Bangalore and have evidences for advancing the money then you can file a money recovery suit at Bangalore itself and not in UP state.
You can give a cheating case against him before the local police where he resides for putting pressure on him
Querist :
Anonymous
(Querist) 01 June 2025
Adv Kalaiselvan,
Thanks for your advice, Just one more point, I want to ask:
I have given money when I was in Bangalore and via bank transfer, therefore, I do have all evidence to establish what i claimed.
He is a president of some business society, therefore at up, he had good connections political connections too, I doubt that he may handle police, mutually. Is there any better remedy, i can avail ?
Additionally , will it be civil matter or criminal ? As civil matter he may easily handle without appearing physically into court, I think.
Best Regards.
kavksatyanarayana
(Expert) 01 June 2025
You can file a cheating case against him and also a recovery suit.
T. Kalaiselvan, Advocate
(Expert) 02 June 2025
You can lodge a criminal complaint against him in the local police station at Bangalore for the acts of cheating by not returning the borrowed amount, besides, you may file a money recovery suit also and look for filing an application in the same court for attaching any property on his name as 'attachment before judgment for the purpose of security to the borrowed amount.
Advocate Bhartesh goyal
(Expert) 02 June 2025
No case of cheating is made out, you have only option to file civil suit for recovery of money.
Dr. J C Vashista
(Expert) 02 June 2025
Very well analysed, opined and advised by learned senior experts, which I fully agree.
It is appropriate and better to seek professional services of a local prudent lawyer for analyses of facts, proper guidance and necessary proceeding.
