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Rakeshh Gawale   01 May 2025

Money revovery

I was a guarantor to a person A for a personal loan of 3 lacs in Pune, Maharashtra.

The borrower A ran away to Uttar Pradesh and did not pay the loan. Hence, the bank obtained an order 101 and put a lien on my property.

Apparently, I paid all the dues and obtained a NOC from the bank.

If I file a civil money recovery suit, he wouldn't show up and the case would be proceeded ex-parte. He also doesn't have any property of his own that can be attached for recovery.

Apart from money recovery suit, is there any criminal charge that I can file on the A. I have his vetified address and mobile number of UP. Please advice.



 4 Replies

Dr. J C Vashista (Advocate )     02 May 2025

You may initiate a case of cheating and fraud upon the borrower, besides this, obtain a decree of the amount paid by you, let it remain valid till you find some of his movable and/or immovable assets for 12 years for execution.

R.K Nanda (Advocate)     02 May 2025

File criminal case of cheating in magistrate court against borrower. 

T. Kalaiselvan, Advocate (Advocate)     02 May 2025

A case of cheating or fraud cannot be filed against him in this circumstances because you have accepted the liability and repaid the entire loan amount.

Hence you have only one option i.e., to file a money recovery suit.

P. Venu (Advocate)     06 May 2025

The criminal charge of cheating could be sustained only if you have the evidence to prove deception from the very inception of the transaction. If a mere breach of promise, no criminal action lies; but only a civil action is possible.


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