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Manoj   29 May 2017

Cheating case for not returning loan

I have given 5 seperate loans(one after another) to my uncle and received 5 pronotes signed by him and his son.  Loan amount are 1 Lac, 2.20 Lac, 3 Lac, 1.30 Lac.  With this money he built the first floor of his house, son's marriage expenses and settled bank loans and outsde loans.  He always says he does not have money to repay my loan, and he spends lavishly.

I have sent legal notice to him asking to pay money, so far no response from him.  Before filing money recovery suit in court, can I file criminal complaint in police station for cheating case?  If yes, does he get jail imprisonment?  

if my uncle shows the legal notic, will police station accept my complaint?

After that can I file money recovery suit?



Learning

 4 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     29 May 2017

yes, u can file a complaint in police station. Recovery & cheating both can be contested in separate law & provisions. for further query u can contact me at rakhibudhiraja@gmail.com

Ms.Usha Kapoor (CEO)     30 May 2017

Yes you can file police complaint for cheating and for recovery onthe ground of fraud you can file both criminal and civil case.

Sudhir Kumar, Advocate (Advocate)     31 May 2017

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:-

 

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

 

  1. who cannot raise bank loan because :-

 

Either

he himself is not creditworthy

 

Or

 the purpose for which he seeks loan is illegal

 

or

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

 

  1.  Who knows he can afford not to refund.
  2. Who trusts his thick skin
  3. Who intends not to refund
  4. 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 :-

 

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

 

Such loans are always given

 

  1. Without documentation.
  2. Without witness
  3. Without guarantor.
  4. During cordial relations

 

Soon after giving such loan :-

 

  1. Relations are no more remain cordial
  2. Business started by such money  (easy money belonging to other) invariably fails.
  3. Such loans always sink and not refunded.
  4. Person seeking such refund suffers at legal process.
  5. Person seeking such refund legally or by persualtion is socially criticised.

 

 

Manoj   31 May 2017

Sudhir kumar:  your words are absolutely true


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