If you have some legal evidence file a case of recovery against him. if you have any witness you can file a case of cheating but less chances of success as you should have legal evidence.
My mother case - what shall I do
Dear Sir /Madam , I am aged 67 years and suffering of hart patient and arthritics .Heart operation ,angioplasty and both knee replacement done earlier .Now I am living with the aid of pacemaker . My husband aged 78 years suffering of chronic hepatitis C . Lot of money required for our treatment . My son who worked abroad bearing all the medical expenses . So they always sending fund to my account with Federal Bank ,Haripad ,Alappuzha Branch .( A/C NO-[deleted] ) . Mr.Omanakutten Cheriyamuzhankal was our family friend earlier . In many occasions he was borrowing money from me . Now there is shortage of fund in our account then I request Mr.Omanakuttan , Cheriyamuzhankal , Karuvatta ,Alapuuzha ,Kerala ,PIN-690514 to return the fund which he was borrowed . Since he is not attending calls ,I have send registered post to his mail . But he was not responded .Then I HAD SENT "VAKHEEL NOTICE " Now I am facing trouble for paying medical bills for both myself and husband. He has borrowed RS 27,81,500/- (Rupees Twenty seven lakhs eighty one thousand and five hundred only) so far . He is an ex Additional Thahalsidhar and has local political support . We are aged people and don't have any such support .We made complaint to Haripad C.I and chief minister in connection with his cheating and life threatening whatsapp messages . He is spreading lot of rumors and hate speeches against us with his neighbors and public . Last week few of his neighbors sent abusing and life threatening calls and whats app message to my son Mr.Ranganathan (Tel No-[deleted]) who is working in Doha ,Qatar .We are pretty sure that Mr.Omanakutten is behind those incidents . There are so many murder case happens recently in Karuvatta ,Alappuzha area . We learned that Mr.Omanakutten is giving advises ,backing few of them (the accused) . Also please take action to stop rumors and hate speeches against us. Our son Mr.Ranganathan has been working in abroad for last 20 years .He brought some land from his hard earned money . Now Mr.Omanakuttan threatening us that he will make trouble on Mr.Ranganthan's properties .He informed others that he was worked so long in revenue department hence he know how to trouble us . We are in a panic situation because of the reason .Mr.Omanakuttan will be fully responsible incase anything goes wrong with my husband ,our son ,his wife and me . Hence we humbly request you to take action against Mr.Omanakuttan as soon as possible .Kindly give an appointment to meet you and submit our application in this connection . Kindly take the consider our request most sympathetically and in our favor Regards Radhamani Amma /Radhakrishnan Nair Plakot house,Vettuveni ,Haripad TEL -[deleted] MOB -([deleted] )
Asked 5 years ago in Criminal Law
Religion: Hindu
12 Answers
Hello,
Sir this is not the forum from where we can take action as Advocates from various parts of India are on this forum. I advise you to get in touch with a local lawyer who may file application for you.
In my advise you should file a FIR against the said person and if police refuses to lodge the FIR then you will have to file an application before the magistrate.
No one can take law in their hand and as such you must approach the authorities at the earliest.
I hope I was of little help to you.
Regards
If you have evidence for lending this much of money to the said person, then you may approach civil court with a money recovery suit.
If the local police is not responding to your complaint you may approach the top police officer of your district with a similar complaint for intervention and direction to the local police for the needful.
Consult a local advocate and initiate further steps in this regard
respected sir/Ma'm
kindly engage a local lawyer in this regard as he will be in a better position to guide and help you as to how to go about in this matter.
regards
1) lodge Police complaint under section 594, 506 of IPC against the borrower
2) if Police refuses to register FIR lodge private complaint before magistrate under section 156(3) cr pc to direct Police to investigate and submit report
Hello,
File a criminal complaint against that person for cheating and criminal intimidation . Take help of a good criminal lawyer who can add up some more provisions to ensure that the accused person cannot take bail easily .
Regards
1) There are two options in your case.
First you should file case against Mr.Omanakuttan regarding fraud and cheating , the case yiu can filed a criminal case, if you have all evidence of him for what purpose he had borrowed money from you. All specific reason and date timing, mode of money transferred to his account etc.
Second the land which is in your son's name and want to sell, don't tell seller that you're in the trouble but due to family are living in Qatar and you won't be coming back so need to sell land. Know you have to sell land and get the connection details who works against Mr.Omanakuttan in that particular area in the real estate fields.
1. What evidence do you have to prove that he had borrowed money from you?
2. If you have evidence to prove the remittance of money to him then you may file a civil suit for recovery of money to recover your money with interest, compensation and cost of litigation. A criminal complaint for breach of trust under Section 406 IPC may also be filed.
3. Bear in mind that a suit for recovery of money has to be filed within 3 years from the date on which the amount becomes due for repayment.
Sir file a recovery suit against the Mr, Omanakutten and file an application with court along the suit that you are senior citizen since the disposal shall be fast.
Further file FIR in this regard of amount and threatening,cheating if police refuse to register the FIR file a writ petition in the high court for direction for police to register the FIR and proceed against the said person .
You need to move this complaint not here, but before the local police.
Besides the above police complaint, also file a summary suit for recovery against Mr.Omanakuttan
1. Please note that Mr.Omanakuttan's involvement with the murderers has nothing to do with your case as such.
2. it appears that you have two cases/problems to solve i.e. recovering the amount lent to him and also to ensure that the abuses and threats given to you and defaming you is stopped and also police action is taken against him for having committed the said crime against you and your family members.
3. For both the types of cases as stated above you need irrefutable evidence in support of your allegations.
.4. if you have evidence of his taking loan from you with an agreed condition to repay it to you, you can file a Money Suit claiming refund of the said amount to you with bank rate of interest, damage and cost.
5. In case of matter related to threats, abuses and defamation, you can lodge a police complaint and if police refuse to register FIR, you can file a Writ Petition before the High Court praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.
6. Engage a local lawyer having expertise in this field.
Hi,
You are suggested to approach police and file complaint against atrocities faced by you.
