cpc

recovery

Consultant

is someone is not returning money even he has taken it after agreemnt and money paid by cheque??

is it not fraud or criminal case??

is it not duty of police to investigate and file case ?

how to recover money in this case?

 

 
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Advocate

send legal notice to him and demand ur money back to you.

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Querist

AS PER your query, you have three option,

1. Send a legal Notice and demand your money to him/her and if he/she is not ready to pay the amount within notice period you have right to file a civil suit for recovery against him/.her before civil court.

2. if you have cheque and the cheque has been bounce/dishouner due to stop payment/Insufficient fund, you have right to send a legal demand notice to him/her and if he/she is not pay the amount within 15 days of the recipt of this notice you have right to fied a criminal complaint against him.her u/s 138 of NI Act before Court.

3. if you are not willing to file a criminal complaint against him/her under section 138 NI Act, you have another option filed a criminal complaint against nhim.her before police, if police refused to registered a case against him/her u/s 406/420 of IPC you have right to filed a criminal complaint u/s 200or u/s 156 (3) of Cr.PC before court and if court think fit that the prima facia case is made out the court may pass an order to issue summon to him/her(after taking cognizance) or direct to police registered a case against him/her and start investigation. as case may be

Feel Free to Call

 
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Advocate/ nadeemqureshi1@gmail.com

406. Punishment for criminal breach of trust.-- Whoever commits criminal breach of trust shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both

 

420. Cheating and dishonestly inducing delivery of property.-- Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine. Of fraudulent deeds and dispositions of property

 

200. Examination of complainant.

 

A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

 

Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-

 

(a) If a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or

 

(b) If the Magistrate makes over the case for inquiry, or trial to another Magistrate under section 192:

 

Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

 

 

156. Police officer's power to investigate cognizable cases.

 

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

 

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate.

 

(3) Any Magistrate empowered under section 190 may order such an investigation as above mentioned.

 
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Dy Director

you have not disclosed facts of the case describing it as a criminal act.  Please come with facts.

 
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Consultant

Dear nanda ji and Ndeem ji,,,

 

Thanks for valuable reply...

 

Please find facts of case details

 

 

We the tenant had taken premise situated at XXXXXXXXXXXXXXXXXXXXwith agreement (Certificate no. xxxxxxx) executed on xxxxxxxxxxxxxx.

 

Deposit Amount of Rs. xxxx has been paid by cheques as per agreement.

 

We have paid Monthly rental regularly and as well as all Utility charges directly to authorities .Thereafter we have given advance notice (3 months prior from the date of vacating the premise) to Landlord for vacating the premise in the month of xxxxxx First week, and told him to return our deposit amount after rental deductions of remaining three months at the time of vacating the premise as per the agreement.

 

Thereafter we have vacated the premise in after 3 months and asked to return out balance deposit amount.

 

He stated  and promised to give within few weeks, we again waited for the same but he has not responded , thereafter we again asked him again and again continuously but he did not turn-up and about 8 month has passed, still he is holding our deposit amount and not coming in front to return the same.

Even if we are calling him he is keeping his mobile phone switched- off and not picking the call.  We shocked and surprised by this cheating, as it’s common  to return advance deposit amount immediately after vacating premise.  After we vacated He already has given the same premise to other tenant.

Despite sending multiple emails, calling over phone and in personal discussion we could not get any response from him. Once we meet him, hee. Same he repeated over phone also as and when we call him.

Most of the time either his mobile is switched off or he is not even picking the call. We have sent him letter/notice emails for returning the amount, but he is ignoring the same.

Whenever we are trying to reach him for meeting (asking our deposit) he is absconding and not meeting and playing delaying tactics and talking due advantage of time we have given to him to payback our amount.

Again we called him in month of xxxxxxxx and he promised to pay on some date, but when we asked to give us cheque of the total due amount , he again refused and not agreed to pay on the time he promised.

If this kind of cheating will continue then it will be hard to make trust and to believe on landlord in any place those are keeping some  months advance rent without any interest paid to the tenant.

 

 
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LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

agreed with the views of my Ld. friend, Mr. Nadeem

 
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Advocate

vikas ur welcome.

 
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