Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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A K Babu   10 April 2022

Legal notice

My ex friend borrowed 1 L from me as cash and returned to my account through online transactions after 6 months. Now we r not in good terms and he has sent a notice that he has given me 1 L and i am not returning it. I am surprised how he can say like this.  Will court supports this? I have no evidence that i gave him 1 L cash and that amount only returned to me by him. What should i do now sir?



Learning

 4 Replies

Advocate Bhartesh goyal (advocate)     10 April 2022

Reply the notice and clarify that money transferred in your account by your friend was against the payment of loan which he got from you.

Shubham Bhardwaj (Advocate)     10 April 2022

Dear Mr Babu, 

In my opinion, DO NOT reply to the notice. Wai untill the action is initiated. Sometimes people use these tactics only to scare and extort money. So, be clam and do not give anything in writng. Rather, think and collect evidence of you having paid him cash such as 

1. Your bank entry of withdrawing money or the mode in which you arranged rs 1 lakh. Nobody keeps Rs 1 lakh readily in their pockets. 

2. Try to find out where he might have used the money. No one asks for Rs 1 lakh for nothing. he might have used it somewhere. This could a link to prove payment. 

3.  Further,  try to remember where you made him the payment. Was there anyone else with you people ? Did he come to your place or you guys met at other place ? All these facts can be used in cross, in case it comes to it. 

4. Further, remember the one who files a civil case has to prove the facts.

 

Since you have not posted enough facts I am afraid I can help you only this much.

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance.

Shubham 

A K Babu   10 April 2022

Thank you sir 

Palak batra   12 April 2022

Dear Querist,

 

Such false claims are dealt  under Section 209 of the Indian Penal Code (IPC) & Section 340 of the Criminal Procedure Code (Cr.P.C.). It applies even where a part of the claim is false. It applies even if a part of the claim is false. 

 

One can file a case regarding the same in the respective court.

 

Regards,

Palak 

 


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