Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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SHANTANU MISHRA   02 March 2020

I have lent money to cousin brother in law through neft transfer and i don't have cheque. can i get money back?

I have given money of 5 lakhs to cousin brother in law for his business purposes. He has taken my money and gave it to his Bank account and used for his business purposes. Now He says I can't return money. It is obvious that it's a planned fraud. Is NEFT transfer sufficient to send him legal notice through WhatsApp messaging App in the absence of cheque. Can I attach his assets if he doesn't have any asset on his name? If he applies for an IP, how should I proceed to recover my money?


 4 Replies

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.

Joy Bose

Hemant Agarwal ( Mumbai : 9820174108)     03 March 2020


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.

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