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rocky singh   20 January 2024

Friend borrow money and not return

I help my friend in October 2022 by taking loan from Paytm money he paid 2 emi after that he starte refuse to pick my call and not come. I went his home he is not home everytime I goes. I have proof of transaction on my bank account to transfer that money I also have message and WhatsApp message where he keep promises to pay whatever date he gave then give me more date that money is coming handle yourself I will pay more give some time. It is been 10 months after giving time. I am doing job now I am in the situation my 80% salary goes emi as I took other small loan to pay my other home expenses. He gave me cheque which also the date expire as he told he will pay so not deposit. Now I am in the situation I did not share this to my family and I can not share as my financial condition not good at home as well. I am totally frustrated to what to do.


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     20 January 2024

You first send a legal notice demanding the money he borrowed.

If he do not respond or fails to comply then you file a money recovery suit to recover     your money

anjali tamrkar   23 January 2024

As per the above facts of statement The very first way is  You can file a criminal suit against your friend .The borrower must show that the person borrowed the money and committed a criminal act of breach of trust. He can therefore file a lawsuit under Section 420 of the IPC because the person he had to lend them money to defrauded him, as well as under Section 406 of the IPC for Criminal Breach. If the court finds the defendant guilty, he will be sentenced to prison and will have to pay back the money he borrowed.
The second  is Settlement outside of the court -The lender has the option of choosing an out-of-court settlement through Lok Adalat, arbitration, or conciliation to recover the money owed. It is among the quickest and most affordable methods of healing. Both parties must be willing to present themselves at the hearing in order for there to be an out-of-court settlement. The parties are typically heard by the arbitrators before the decision is made. If the award is lawful or the recipient cannot pay back the money within the allotted time, they may not appeal after the decision has been made.
And thirdly File a recovery suit under Order IV of CPC if you have any proof by which you can establish in court that you lended him money. If you don't have any proof, try to collect one by any means, videography, text messaging, telephonic conversation etc. Just make him say that he took money from you in cash.
But, there are some other ways too
1.    Try talking to his family members that you are in urgent need of money (show some medical emergency etc.) and how he is not giving you your money back.
2.    Discuss your problem with a person to whom both of you know and to whom he respects a lot (any elder person or someone like that).
3.    Ask him to pay any amount, like 1 lakh or 50k or whatever you can take from him. (Something is better than nothing).


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