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Sumit (AM)     19 May 2015

Funds transferred to friend through rtgs

Dear All, I have transferred funds to my friend from my account, my wife's account and from the account of my wife's aunt for his personal and business needs.

He has now moved his location to different state (since he has taken loan from many people and is now not in position to return it to them). He is now absconding for almost 6 months and was buying time from me with the promise to return the money.

I need to file criminal complaint against him? I have few questions, if experts here can help me on the same?

1.  Can I file complaint under section 420 against him? If yes, what are the chances of winning the case (irrespective of time period)

2. What are the other case I can file against him. Should I consider filing combined case with all other parties he has to repay money to?

3. I stay in Thane area (Mumbai Jurisdiction). Can sumbody confirm the amount of court fee I will have to pay for filing legal case against him?

4. Any other solution? I do not have any oher documents (including cheques) signed by him .

Many thanks in advane for your valuable time.

Regards,



Learning

 1 Replies

cyberlawyer (barrister)     19 May 2015

You can file a civil suit in Thane for recovery of money provided you have the documents which evidence that you have transferred money to him. I doubt a criminal case can be filed as you have failed to obtained any documents which acknowledge debt and there is failure of re-payment. 


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