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SAM SHINE   21 June 2020

Loan Recovery

one of my friend took loan, and fir security just I have cheque with me. now he is missing and he informed his family he is committing suicide. what should I do for my money recovery if he dead or alive


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 3 Replies

Sudhir Kumar, Advocate (Advocate)     21 June 2020

for filing case u/s 138 you  need to have an address where notice could be served.

 

you can file cheating case

 

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:-

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

(ii)    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.

(iii)     Who knows he can afford not to refund.
(iv)    Who trusts his thick skin
(v)    Who intends not to refund
(vi)    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 :-

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


Such loans are always given

(i)    Without documentation.
(ii)    Without witness
(iii)    Without guarantor.
(iv)    During cordial relations

Soon after giving such loan :-

(a)    Relations are no more remain cordial
(b)    Business started by such money  (easy money belonging to other) invariably fails.
(c)    Such loans always sink and not refunded.
(d)    Person seeking such refund suffers at legal process.
(e)    Person seeking such refund legally or by persuasion is socially criticised.

.

Sudhir Kumar, Advocate (Advocate)     21 June 2020

for filing case u/s 138 you  need to have an address where notice could be served.

 

you can file cheating case

 

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:-

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

(ii)    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.

(iii)     Who knows he can afford not to refund.
(iv)    Who trusts his thick skin
(v)    Who intends not to refund
(vi)    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 :-

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


Such loans are always given

(i)    Without documentation.
(ii)    Without witness
(iii)    Without guarantor.
(iv)    During cordial relations

Soon after giving such loan :-

(a)    Relations are no more remain cordial
(b)    Business started by such money  (easy money belonging to other) invariably fails.
(c)    Such loans always sink and not refunded.
(d)    Person seeking such refund suffers at legal process.
(e)    Person seeking such refund legally or by persuasion is socially criticised.

.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 June 2020

Originally posted by : SAM SHINE
one of my friend took loan, and fir security just I have cheque with me. now he is missing and he informed his family he is committing suicide. what should I do for my money recovery if he dead or alive

 

1. Forget about your money and the cheque.  Think about Humanity, and if possible find your missing friend and Save your Friend's Life 

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


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