Civil Procedure Code (CPC)

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Owlsome_kess Playlist   11 September 2021

Friend not returning lended money back, paid in cash.

Hi everyone,
I have multiple questions please someones help me with proper guidance and legal advice.
I gave my friend 2 lakhs cash in 2016 as he was in need of personal emergency,
Now it's been 5 years but he is not returning the money back even after asking it for 1000 times.
Now he has blocked me everywhere, in all social media, and have changed the no. Also he has relocated to pune. (i stay in Mumbai).
So now I'm helpless to get my money back.
I have all call recordings where he agrees to pay.
Also have all sms & whatsapp chat regarding money.
How can i use this evidence and get my money back legally..

Please guide me

 6 Replies

Rock M   11 September 2021

if you know his address, send him notice for recovery and file suit in civil again him

Owlsome_kess Playlist   11 September 2021

I don't know his new address. What might be the legal procedure to send notice? Is sms/whatsapp chats & call recordings are legally admissible in court?

Advocate Bhartesh goyal (advocate)     11 September 2021

Loan given in cash in the year 2016 is now legally not recoverable as time barred.

Owlsome_kess Playlist   11 September 2021

Dear bhartesh sir,
I have all proofs (sms, whatsapp msg, call recordings) can i file lawsuit based on these evidence on him? Please advice.

Advocate Bhartesh goyal (advocate)     11 September 2021

Suit could have been filed on the basis of said proofs but within limitation period three years from the date of advancing loan.

Shubham Bhardwaj (Practice)     13 September 2021

Dear Sir, I have gone through your query. Many learned persons have advised you already however I would like to write a few words of my own. As rightly advised by learned advocate Sh. Bhartesh Goyal g, your debt even if provable, is time barred under Limitation Act 1963. Thus you cannot file a Suit for recovery. But there is another way. Although it will not be easy and you will need a skilled Advocate to pull it off. File a complaint under section 405, 420 Indian Penal Code to the Police. The complaint will be filed in the area where you had handed over the cash. It will most probably be either your house or his. If the police registers FIR, its good, the action begins. But I am 99.99% sure that Police will not file FIR. But in any case wait for 15-20 days after filing complaint to police. Thereafter, convert the Complaint into Application under Section 156(3) Cr PC and file it before the Judicial Magistrate First Class of your area or Metropolitan Magistrate, if you live in Urban area. If the Magistrate summons the accused (your friend), the action begins. I cannot explain everything here. You may send me a personal message for further instruction. I can also help you with Drafting Complaint to police and converting Complaint to Application under section 156(3). Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh. Disclaimer:- Opinion is only for guidance.

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