Dear Sir/ Mam, Requesting your guidance on the trail query. I am a married female lives in Gurgaon. Two years back I gave 54k to one of my friend as he was in need and different installments. I didn't kept any record of it as he promised me to return it back. Now I am taking followups with him since last January 2017 vigorously through call and msgs as I have some medical emergency. In msg he admitted that he will return me back by cheque and also asked me my account details. But he still didn't pay me back .....I keep on following up with him over msgs as he stopped receiving my calls and msg me that he needs some time and he is trying ( have all msg proves) Last week inspite of repeated request he now denied that he has take any money from me and blaming me for creating mess in his personal life. From the msgs it's very clear that he admited that he has taken money. Please suggest how should I go ahead. I am really in need of money for some medical emergencies. I don't have any interest on his personal life it's just that i need my money. He also used all abusive languages and tried to hurt me as well. Please suggest something to make him aware to respect womem and returm back my money. Although 54k is not a that big amount but at this critical stage it means a lot to me. Please suggest. My email id is - [deleted]
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
1)file police complaint against your friend for cheating , criminal breach of trust , criminal intimidation under section 406, 420, 506 of IPC
2)also issue him legal notice to return Rs 54000 with interest .
3) if he does not pay inspite of legal notice file summary suit to recover your money with interest
Send him a legal notice asking him to return your dues forthwith, within a well. In case he fails, proceed against him under both Civil and criminal law.
Upon lapse of a week, you could report the matter to the Police. Do let me know, if I could be of any help.
Best,
Adv. Vibhanshu
Thank you so much for your guidance Mr Ajay....just a query will the only msg conversations be enough as proof? Regarding abusive languages and assault i don't have any proof as such....it just that he used it and once hit me intentionally which was very inhumanly. Can I just go ahead with your suggestions with these. Regards
1) i presume you made transfer by cheque .
2) if you made cash transfer and do no have any receipt it would be difficult for you to recover your money by filing summary suit
3)you can use chat messages to file police complaint against him
You mentioned, you do not have any documentary evidence. If you try to file cheating complaint against him, i do not think the complaint would be entertained by the police. So, try to get cheque / agreement for the money lent him.
Was it a bank transfer at least? .
Without any evidence, even if you file recovery suit it wont stay in court.
You may go ahead and file a police complaint, these messages are enough prove to show his liability. Also please bear in mind you can lodge a complaint for assault even if there is no prove, police will take your statement under 161 to conduct preliminary enquiry.
Regards
1. A police complaint may be filed under Section 406 IPC for the offence of criminal breach of trust as he is is entrustment of your money which he has not returned on demand. A civil suit for recovery of money lent with interest may also be filed, but it will takes ages to be decided by the court.
2. The sms conversation can be led in evidence, preserve it and the phone.
Hi, you can file a recovery suit in civil court to recover your money ... In case you have any written agreement for the you have lended to him it would be helpful in your case .. You can file a police complaint in women cell if he has harassed you and used abusive languages for you
Since you do not have any record for this money transaction, you have to create some record.
First you issue a legal notice stating that he borrowed money from you on the dates specified with promise to return it on yor demand whereas despite sending messages that
he will return the same , he is dodging the return.
You may also warn that if he fails to return you will approach police with a criminal complaint for recovery
You should immediately lodge a police complaint based on his messages that he will return the same.
just a query will the only msg conversations be enough as proof? Regarding abusive languages and assault i don't have any proof as such....it just that he used it and once hit me intentionally which was very inhumanly. Can I just go ahead with your suggestions with these.
You can narrate the incidences before police and give a complaint in writing to them which will take cafe of this issue.
You can ask the police to call him over phone and summon him to police station which will make him frightened about the possibilities of arrest, he may try to settle the amount.