• Money lended but now not returning

Dear Sir/ Mam

I lended 30 lac rupees to one of the friend of my wife. Her husband convinced my wife that we will be purchasing a carton factory . As I told him that I don’t know ABC of the factory and don’t have a balance sheet to get the loan from the bank neither I have property against which we can get the loan. He said he will get all the things done and has checked all the papers of the factory that was to be purchased. I borrowed money from my brother and sent 10 lacs into the account of the owner of the factory as an advance which the person gave to me. I have not met the owner and had spoken to him neither did the person made me to meet him. 20 lacs was sent to the persons account as he said he will pay it to the factory owner. An agreement was made that in three months the factory will be purchased in the name of my wife and Loan of 1.25 lacs was applied. Banks refused to give the loan as the factory was going to be NPA. No Bank was giving Loan. I called up the person that what’s going on he told that he has met CA and he will do the case he asked for 35 thousand I gave it to him. But still nothing was done. Time went on when ever I called him he said in just 2 three days Loan will be done. Time went of and three months passed away no Loan and the advance money that was given got forfeited as payment was not done. I asked the person that where is my 20 lacs. He had no answer he has spent that 20 lacs . I am asking him every day that return my money but he is every day telling that he is processing Loan selling his property but till date not even a single penny has been returned by him. I had taken his chequers before giving him money I have represented them which got bounced. Given notice and filed a case.
Question is can I file a 420 case on him as he has cheated me. What is the opinion to make my case stronger so that he could be punished.
Asked 2 years ago in Criminal Law
Religion: Hindu

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14 Answers

Hello,

You you can definitely file a case of cheating, fraud. Go to the police station and lodge a criminal complaint against him.

You have a strong case to fight and recover your money.

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

Hello sir , firstly file a complaint under 138 NI act, for the dishonour of cheque .. The complaint will assure that you will get your money back from the court .. Secondly also register a FIR under 420 , 406 for cheating and criminal breach of trust ... For further doubts you can contact me in person..Thank you

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

1. This is a clear case of cheating. So do not waste time anymore and lodge a complaint with local police for cheating.

2. once a FIR under section 420 IPC would be registered the person can be arrested and after arrest he is not likely to get bail unless major part of your money is first paid.

3. Later you can file civil suit for recovery of money as well.

4. It was a folly on your part to make payment in such a casual manner.

Devajyoti Barman
Advocate, Kolkata
21787 Answers
318 Consultations

5.0 on 5.0

yes sir you can file criminal case against him.

Rajesh Kumar Parmar
Advocate, Shimla
34 Answers
1 Consultation

4.2 on 5.0

Issue legal notice to the fraudster to return Rs 30 lakhs advanced by you

2) if he refuses file summary suit to recover your money with interest

3) you can also file case of cheating against the fraudster

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

You can file a case of cheating, fraud under section 417, 420 of IPC with jurisdiction police. If the Police does not register a case against accused file an application before jurisdiction magistrate under Sec 200 Crpc for filing private complaint and to direct police to investigate the matter. Provide your account statement through which amount was transferred through his bank and other relevant documents to make your Case strong.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Sir the person has committed the offence of cheating and fraud register a FIR with police against him under these offences as you have already filed a cheque bounce case.

Secondly file a recovery/ summary suit in civil court for recovery of your amount along with the interest form him.

Also as owner of factory is not returning money and you sent money in his account you can take similar steps agaisnt him and can file recovery suit against him too for your amount .

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
115 Consultations

5.0 on 5.0

Yes you have to file a criminal complaint case in the court under section 420,406 IPC against both the parties for the refund of money paid, legal charges, interest for the period and compensation.

The court will take cognizance after your statement under section 200 IPC

Vimlesh Prasad Mishra
Advocate, Lucknow
6793 Answers
23 Consultations

4.9 on 5.0

He has committed the offence of forgery which is punishable under section 420 of the Indian Penal Code. You should immediately file an FIR against him. According to Section 415 of the Indian Penal Code these are the Essential elements of forgery

1. the accused must deceived the person

2. the accused must act fraudulently or dishonestly and induces the person so deceived to deliver any property

In your case the above said conditions are fulfilled therefore this is clear case of forgery which is punishable under section 420 of the Indian Penal Code. You have evidence to prove that money was transferred from you

Shivendra Pratap Singh
Advocate, Lucknow
5125 Answers
78 Consultations

4.9 on 5.0

No.

Already have u filed section 138 and 142 Ni act Against accused.

So u should kept either 138 and 420 any one.

Already u kept 138 ni act.

Wait for that result.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

Dear Client,

On the basis of proof of NEFT/advance given to him, agreement file FIR u/s 420, 406 OF IPC. if Police refuse to registered it, than through court complaint u/s 156(3) CrPC. Also, include facts of cheque bounced.

A subsequent case under sec. 420 I.P.C is not barred though previous Proceeding under sec. 138 N.I Act is pending

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 645 of 2012

Sangeetaben Mahendrabhai Patel …Appellant

Versus

State of Gujarat & Anr. …Respondents

Yogendra Singh Rajawat
Advocate, Jaipur
21407 Answers
31 Consultations

4.4 on 5.0

You can file a cheating case against him for the offences of cheating, breach of trust and any other offences.

Besides this you may file a money recovery suit also based o the evidences of lending him the money.

T Kalaiselvan
Advocate, Vellore
69749 Answers
951 Consultations

5.0 on 5.0

Yes, move a Complaint in writing before the concerned Police Station alleging that you've been cheated and defrauded by this fellow.

Request the Police to lodge a FIR in the matter.r

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

Hi,

You may first send a legal notice and also get registered FIR.

Ganesh Singh
Advocate, New Delhi
6542 Answers
13 Consultations

4.5 on 5.0

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