Well Wisher (analyst) 19 January 2011

MY partner cheated me

Hi,

I paid a person 25 lack to get partner ship in a restuarent business.After taking my money he never lifted my phone nor do he replied to my calls.He gave me a receipt in white papers with 4 revenue stamps that he has taken 25 lack from me and will offer me partner ship.Now its one year he does not pay my money back nither does he reply to calls.He has also given me cheque that he will return my money.

I bought that money from different sources now all are killing me how to get my money back any suggestion or any one wanna take my case plz reply with number.

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4 Replies

Vibhor Verdhan (Lawyer) 19 January 2011

Dear Naveen,
II need some more and peculiar information from you to proceed further.
You can Contact me on vibhor_verdhan@yahoo.com; verdhan.solicitor@gmail.com

sanjay kumar (BE/ LLM in Corporate Laws) 19 January 2011

Did you sign any agreement with him to this effect?

If no ,were there any witnesses of your dealing with him and his promise that he will give you partnership in the restaurent on account of Rs.25.00 Lakhs you paid to him?

If there were no witnesses you can still rely on the receipt given by him as a contract between you and him.

Was the money given by you in the form of cash or cheque?

All these informations are required to establish a contract ,whether implied or unimplied, between you and your partner and your partner is to be sued for the breach of the contract.

Well Wisher (analyst) 19 January 2011

Hi Sanjay,

The money was paid november 2009.

I followed him 6 months to sign the Agreement but he never signed the agreement. The receipt which i have states that he has taken 25 lackhs from me and will offer 50% partner ship in bar and restuarent business.

Payments modes were is cash because he said he immediately want to pay the license fees so i had to pay him cash that is the reason to be little secure i took the receipts.

Witness are my father and brother none other person.He also stated that he will give my money back when i pressured him he gave me a cheque of 25 lackhs as security.I have the cheque wtih out any date mentioned in it.

Now i enquired a little from bank and they say that the cheque given to me is blocked for lost cheque.

Need inputs as i cant fight the case for longer period as people from whom i have taken are back of me like any thing.

Naveen

sanjay kumar (BE/ LLM in Corporate Laws) 19 January 2011

Dear Naveen,

I may not be able to help you further because this is a criminal case whereas my training is in Company's Affairs.

To my mind, your case falls under Section 420 of IPC for cheating and you have to file an FIR for cheating with the police for proceeding ahead. Since, other creditors are threatening you, you can ask for police protection also. Thereafter, the matter will be referred to a Court.

A Criminal Lawyer can guide you in the matter that what other Sections of IPC can be imposed on your partner.