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Ahad Ahmad Khan (Software Professional)     10 May 2013

Cheating case on an individual

I stay in Chennai. One of my office employee, working in Hyderabad office, was in need of money and he asked me if I can lend him money. Considering his situation, I gave him a sum of Rs. 90,000 through online from my bank account to his bank account. He promised to return money within 20 days. A week before, I request him to return the money. He started avoiding me from last week. He doesn't picks up my phone. Neither, he picks up his office phone when i call him. he comes to his Hyderabad office though. Considering his way of behavior, I feel that he don't want to return the money. I have following proof with me

1. An email in which he requested for the money. 

2. An email in which i replied that i have given him the money.

3. Online transfer statement which shows the money has been transferred from my bank account to his bank account.

4. I have his mobile phone details.

I am middle class person with fracture in both my leg. I have not yet completely recovered from the fracture.  I support a family of 3. Because of the fracture, I could not go to Hyderabad to meet him in person. Rs. 90,000 is a lot of money for me.

Considering the above situation, please can you help me on how could i get back my money. I consider it a cheating case under IPC 420. Will i get justice. 

 

Thanks,

Ahad Khan



Learning

 4 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     10 May 2013

Dear Mr. Khan, There is sufficient proof with you, you have to send either legal demand notice or letter demanding your money. If he does not return then go ahead with civil suit for recovery as well as criminal case u/s 420 ipc. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

senthil kumar (Engineer)     10 May 2013

In above case ,

1.can we claim the interest and lawyer fee from that person.

2.if we can, what is the intrest rate as govrnm norms.

T. Kalaiselvan, Advocate (Advocate)     25 April 2014

@Senthil kumar:  you cannot claim interest or lawyer's fee in the notice, that can be followed up in the money recovery suit.

senthil kumar (Engineer)     26 April 2014

AT last,

the culprit person saying that ,i dont have even 5 paise in my pocket or account in the judgement day , what

will be the punishment for him....


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