• Cheated and fraud by the person

I have given money to someone through neft and imps in 7-8 installment and the total amount of sum is approx 29000 and he is not giving back now I tried to call him many time but he did not receive my call and if I call from another number and I say hello he disconnects the call I am having his account number and contact number but I don't have his home address. can you send him the legal notice.
Asked 4 years ago in Criminal Law
Religion: Hindu

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17 Answers

Hello

This is cheating and it is a criminal offence. A legal notice should be promptly sent by you and in case je does not respond....a criminal complaint should be filed immediately.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Do you have his email Id?

2) if so you can send him legal notice through email

3) you would need his residential address for filing suit

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hello,

Find out the address of the person by approaching the bank where you paid the money . Send a lawyers notice to pay back the amount on non repayment you have to file a case under section 138 of the NI Act.

Hope this helps.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Yes,if you don't have his residential address then Legal notice can be send through email id, but

For file case against him you need his residential address

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

1) Yes, just get his work address and inform to HR the person working in your organization is liable to pay you such amount.

2) Or first inform in the police station NC against him and ask police to call him in the police station immediately.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Sir lodge an FIR for cheating and breach of trust with police along with account number police following up with bank can find out his address and steps can be taken.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Legal Notice can be sent ONLY "IF" you have his office /home address.

2. File Police FIR against person for Cheating & Fraud and request for investigation. Your work might be done.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that he has taken money from you, but now don’t have the intention to return.

Secondly, if you do not have his address then also you can serve him a legal notice.

Thirdly, now after a event judgement of Hon’ble High Court of Delhi, you can serve him through message or what’s app or mail.

Fourhtly, and you may also do it on his Facebook account.

Irrespective of the fact that whether he has saw it or not, your work seems to be completed once you send the same.

You can avail my services through Kaanoon.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You can send a notice to him and for this purpose used to call me

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Yes we can send him a legal notice over whats app also, if he is using whats app on that number.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Address will be detect from his mobile no.

Legal notice will send on whats app. also, valid.

can contact for sending legal noitce.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Sending a legal notice is futile exercise since you are not having his address. Legal notice can be sent through whatsapp and again you have to approach by filing civil suit which you may not offer in regard to expenses. My advice is to approach police firstly. secondly you may approach his bank and try to collect his address saying that if they do not provide you will go to criminal court file private complaint for protecting a defaulter. Then file privateon complaint before court and file application u/s 91 Cr.P.C. calling for address of the that guy.

Section 91 in The Code Of Criminal Procedure, 1973

91. Summons to produce document or other thing.

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed-

(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872 ), or the Bankers' Books Evidence Act, 1891 (13 of 1891 ) or

(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You should consult with a lawyer and to serve a legal notice to the borrower. You will get the response of legal notice within 30 days and accordingly you can take the legal step against the borrower.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Can a legal notice be sent in the way you are asking , don't take in joke this site.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear client,

1. you can send a legal notice to him even though if you don't have his address you can send him through whatsapp, email id as recently by the Hon'ble supreme court and Hon'ble High court of bombay has said that if notice sent through whatsapp or email id, in the case of Dr. Madhav vishwanath Dawalbaktha vs M/S Bendale Brothers.

2. you can go to police and lodge complaint against such person, and file private complaint against such person, when the proceedings starts you can file an application under section 91 of code of criminal procedure means Summons to produce document or other thing: Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. even if you read section 92 of crpc you will understand clearly: if any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court, wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or Court may require the postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

If your efforts proved futile then you can send him a legal notice, but for that you need to have his address, instead you can send the same by whats-app chat message.

After which if he fails to respond or do not comply with the demand made, you may either lodge a criminal complaint with the local police for the offences of cheating or file a money recovery suit in a civil court.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Dear,

Recovery possible, can contact for legal notice.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

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