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Shailesh (Businessman)     29 August 2021

Is this matter civil or criminal?

I had met a gal in a matrimony site. We went to a mall where she purchased few items for herself with my debit card saying that she doesn't have money.

On WhatsApp shhe said that she will return my money but it's 1.5 years and she hasn't. When I ask her to return my money she says that she doesn't have right now, strangely she is a graduate and so this excuse seems to be weird.

1. Is this matter criminal or civil?
2. If civil then can I fight this case myself?
3. Are there any ways by which I can file online civil suit regarding this?


Learning

 3 Replies

Aman Karan   29 August 2021

Hi Shailesh, This matter can either be civil or criminal, it depends on you how you want to proceed and whether you prepared any promissory note, loan agreement or taken any security checks before giving the money. If you have prepared the above-mentioned things before giving money, then you can proceed with a civil suit under Order 32 of Civil Procedure Code for the recovery of your money. The first thing you need to do is serve the defaulting party with a legal notice give them a period of time in which they have to return your money. If they don’t return money in that time, you will be eligible to file the civil suit. You can also file a charge of cheating against the person not returning your money u/s 420 of Indian Penal Code, it will be then treated as a criminal case. For this you don't need any prepared documents. Yes, you can file an online suit regarding this. All you have to do is go to efiling.ecourts.gov.in and proceed step wise. Take a help of a lawyer in filing the online case if you can
1 Like

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 August 2021

You can proceed for efiling as advised. e-Filing system is a complete end to end solution developed for online filing of plaints, written statements, replies and various applications related to cases. Both Civil and Criminal cases can be filed before any High Court or District Court of the country. It is designed in Bilingual (English and local language) to reach wider group covering advocates/litigants.

Kevin Moses Paul   17 September 2021

As per your concern, this is a criminal matter. In case you have valid details of transactions that you made to her, you may attach it with a registered complaint to a local police station under sections 406 & 420 of the Indian Penal Code (IPC) for Criminal breach of trust as well as for cheating respectively.

Regards,
Kevin M. Paul

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