SHANTANU MISHRA 02 March 2020
Joy Bose 02 March 2020
NEFT details can be used to file a civil suit for recovery before the court which has got jurisdiction. In the suit, we can add details of property owned by the defendant . Also, a legal notice for recovery of amount outstanding can be issued for settlement of the dispute. From the point of the criminal complaint before concerned police station, it is advisable to lodge an FIR against the accused so that he is unable to abscond.
Hemant Agarwal (firstname.lastname@example.org Mumbai : 9820174108) 03 March 2020
IN ADDITION TO ABOVE ADVISE:
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses. Do not claim money, while filing police complaint.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Keep Smiling .... Hemant Agarwal
Real Soul.... (LEGAL) 03 March 2020
Just request your brother in law to return the money , you have no proof that you gave loan to him as he can claim that you re payed an the borrowed amount,. Just going for Police action and court case will yeild you one big zero. May be if you suceeded in filing an FIR that can run against you too,be careful act wisely. try to motivate him for repayment in installments
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 03 March 2020
I endorse the wise advice of Real Sole. You are not having any document with you except NEFT payment record which ipso facto do not constitute any criminal offence and even is not sufficient for the civil suit for recovery, Wisely obtain evidence on wtsapp or otherwise wherein he admits your loan and further denies to re-pay.