Hello,
You can file a civil suit to claim the amount and pray for injunction. Send a legal notice to him first, if he agrees to the terms of legal notice then the matter can be settled failing which a suit in the lower court has to be filed.
Regards
Money taken as debt and not repaying
I have given an amount to my friend and has written amount in cash (captured picture while giving) of RS 2.25 lakhs on promisary note without any intrest and taken his cheques with the same amount on it and there are two witnesses for promisary note. Now he is unable to pay the amount. What kind of action can I take now to get my money back. The person who took the amount has written the promisary note and gave me with revenue stamps on it. He don't have any properties on his name He is 21 years old How to get my money back???
Asked 5 years ago in Civil Law
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12 Answers
If he failed to pay the promissory note and the cheque is given in that case the cheques can be deposited and based on same the cheque shall bounce and then a notice can be served and 138 N I act proceedings can be started. He shall be arrested for the same and trial shall commence against him.
file a complaint under section 156(3) Cr.P.c. in the concerned court for registering a case under section 406 and 420 I.P.C. against the man who is cheating you in not returning your money. 406 IPC is Criminal breach of trust and 420 IPC is cheating..
You can issue legal notice to recover your money
If he does not pay file summary suit under order XXXVII of code of civil procedure to recover money with interest
The promissory note is just like cheque, i.e. an instrument. You was entitle to file the case u/138 N.I. Act.
As you have filed the civil suit, go ahead and proceed till you not get the decree.
If there is time limitation then reply me, i will suggest you at my level best.
if you want to take out the money through court then the first step is to send a legal notice, and after 15 days of the date of the legal notice, you can file summary suit in court. the summary suit is different from regular recovery suit as its procedure is bit different and fast.
Also, your option of filing the fir of fraud against him and it will make a criminal case.
If in court also the person is unable to pay and as you say that there are no properties in his name, then the court will see for other assets like car, etc, and get it attached.however you have not provided any dates as when he borrowed the money, whether you can provide him sufficient time or it has been already delayed.
Hi
Deposit the cheques in bank.
They ll be dishonored.
Then file section 138 NI Act complaint against him for court to order the return of money.
Another way can be money recovery suit.
I would advise you to go for NI Act complaint.
Get the cheques dishonored.
Thank You
You cam deposit the cheques given by him and after they get bounced you can file criminal suit under sec. 138 of negotiable instrument act or you can file civil suit for recovery if money.
U can file cases under civil for civil prison and criminal for punishment, then his family members may approach. But, court can't recover when nothing with him.
Short cut is to file an FIR.
1. Present the cheques to bank for collection, and if they are dishonoured then you can file a cheque bounce case against him under Section 138 NI Act.
2. On the strength of the promissory note a summary civil suit for recovery of money can also be filed against him in the competent civil court.
If the cheque do not have any date, then you may fill up the latest date, present it before court, get it bounced, issue him a legal demand notice.
If he is not complying with the demand made, you may file a cheque bounce case agaisnt him for recovery of amount as well as for punishing him.
