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Amit   12 January 2023

Borrower not returning money

I am out of job and no income source. So I was looking to start some business to start earning. I came across a person from another state who offered me to make a partner and provide me land as well. So I transferred him around 2 lakhs in his account. But he never gave the land or made me a partner. So when I asked him to return my money, he continuously asked for more time to return. And this way almost 2 years passed.

I am very frustrated now how to get my money back because he is from another state and I cannot file the case in my current place. Someone told me the case can be filed in the defendant place. It is very difficult to pursue a case in a different state which is almost 1000 kms away and language is also different there.


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 12 Replies

anubhav Bhatt   12 January 2023

File case against them

Asgher Mahdi (Advocate & Legal Advisor)     13 January 2023

Such being the case you can file money recovery suit against him unless you have valid evidence/proof for the payement made to him. Still, time is there to file money suit , a summary suit which you need to pay CF whereas, to avoid  it you can file criminal case under cheating u/s 415 IPC if you have sufficent dominion though you can file from your place of residence or at the place where he stays. To avoid cost either private pc complaint  can be done  directly t0 the jurisidictional  to the Magistrate under 200 Cr.Pc or a criminal complaint in the jurisidictional Police Station.

1 Like

Pradipta Nath (Advocate)     13 January 2023

You can send him a legal notice and then can go for filing summary suit against him.

1 Like

Dr J C Vashista (Advocate)     13 January 2023

File a suit for recovery in jurisdictional civil court as well as a cheating and fraud complaint.

1 Like

Real Soul.... (LEGAL)     13 January 2023

if you have proof of mentioned transaction and or can prove by oral witnesses , or have  any agreement, or any promissory note or payment receipt stating the advancement of money then you can file suit for recovery or otherwise look into some social connections who can force him to succumb to his adamant behavior .

1 Like

Amit   13 January 2023

I respectfully thank everyone answered and helped me in legal opinion. Few things I would like mention - The said person was living in a rented apartment in Chennai. Now he left that place and staying at another village in Tamilnadu. He is not disclosing his current address. So how to send the legal notice without knowing his current address?

Dr J C Vashista (Advocate)     14 January 2023

Originally posted by : Amit

I respectfully thank everyone answered and helped me in legal opinion. Few things I would like mention - The said person was living in a rented apartment in Chennai. Now he left that place and staying at another village in Tamilnadu. He is not disclosing his current address. So how to send the legal notice without knowing his current address?

@ Amit,

You need not send legal notice for filing a suit for recovery in civil court case.

Just institute the suit through a local prudent lawyer, who will request ( subsequently when defendant will remain unserved through normal court process) the Trial Court for substituted service in terms of Order V Rule 20 CPC.

 

1 Like

Amit   14 January 2023

Thank you Sir.

Sudhir Kumar, Advocate (Advocate)     15 January 2023

If you file a cheating ase then police will trace him and he will even deposit Adhar card for bail

shamataneja (Advocate)     15 January 2023

Dear Amit

Firstly I would like to know more information that you are in which state and you borrowed money frm which state.

You have the option of money recovery from the partner who has cheated YOU 

You can show banks details of your bank statement that u trfered the money to him

Show the agreement

You can file summary suit also which helps to recover money decree faster.

Dr J C Vashista (Advocate)     16 January 2023

It would be prudent to consult and engage a local prudent lawyer for proper appreciation of facts / documents, professional advise and necessary proceeding to protect your interest.

Alpa Jogi (Advocate) (Lawyer / Advocate)     17 January 2023

Try to get a FIR registered. Police will call him on his mobile and ask him to come to police station to record his statement. He will not refuse the police authority and will come to police station for recording his statement. He will be compelled to write his present address while giving statement to police authority. This may solve your address issue. 

 

Regards

Alpa Jogi (Advocate)

Civil Advocate in Ahmedabad

 

 


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