Your claim is barred by limitation
2) suit if any for recovery of money ought to have been filed within period of 3 years
Property fraud
In 2011 a distant family member offered to help my father acquire a tract of land in Bengalaru. Correspondence was shared via email and eventually a location and price was agreed upon (12 lach). Thje money was transferred to his account for the purchase, but--Seven years later--there is nothing to show for it. I have attempted to recover the money over the years to no avail. Earlier last year he admitted that he used the money to fund construction for his own house and other projects. This admission was made verbally. Aside from the initial emails and the bank transfer, there is no written evidence that this man has cheated my father of his money. What are my familiy's options? Can this sum be recovered?
Asked 7 years ago in Criminal Law
Religion: Christian
17 Answers
Is this true even if the person in question has admitted to the fraud recently? (2 months ago). What about bounced cheques?
Asked 7 years ago
See you have to file a complaint of cheating and breach of trust on the said person.
Further for money recovery summary suit has to be filed. The limitation for same is 3 years from acknowledgement of debt.
No limitation can be condoned if fraud came to your knowledge recently. For bounced cheques a notice has to he issued in one month from bank acknowledgement slip date and then 138 NI act complaint.
If time line in cheque missed then recovery suit before civil court.
You can file a money suit under Order 37 of the Civil Procedure Code, but to tell you the truth, it is a cumbersome process, and might take years, unless you have a decent and trusted advocate on your side. If the amount is below ten to fifteen lakhs, file before a civil judge.
When were the bounced cheque issued ?
When were cheque’s returned unpaid ?
Have you filed complaint under section 138 NI on account of dishonour of cheque’s
Has he admitted in writing that he has fraudulently siphoned of funds
Hi, a compaint under section 138 NI act can be made for the dishonoured cheques ... It is also advisable to register a FIR under section 420 and 406 for cheating and misappropiation of funds
1. Well, I regret to inform you have lost the money.
2. Since there is no sale agreement you can file a suit for specific performance of contract.
3. In absence of sale agreement the money can best be treated as accommodation loan which after expiry of 3 years has become time barred and hence you can not claim it through civil suit anymore.
4. Now the only option remains left is to lodge a complaint for cheating so FIR may be registered under section 420 of IPC.
A. Money transfer via wire transfer is valid proof of money transaction between two parties. However, the objective of transfer of money is very crucial and there must be material evidence to establish towards land acquire commitment. In case if any communication is unequivocally established that money was paid to assist your father and money not belongs to them under any circumstances which means loan repayment, credit etc.,
B. As far as the lodging criminal case and recovery of money suit is concerned Delay is always will be pointed before the Court as lacuna of the case. In your case, cause of action of the case arose 7 years back. There is 3 years law of limitation to recovery of any money transaction under the Law of Limitation Act, 1963 and only exception to this rule Section 5 of the Act towards pardon delay if you satisfied the Court why you couldn't file suit in time.
C. You may create a document by calling him and recording his voice and make CD of the recording and submit the same before the Police as proof of evidence in the absence of any written Communication as electronic evidence is admissible evidence in the eyes of Indian Evidence Act. You may lodge complaint against him under Section 420 (Cheating), 406-409 (Criminal Breach of Trust) and you need to prove the case with material evidence. Or you can lodge Private Complaint Register Under Section 200 of CRPC,1908 in the event of Police Station House Officer reject to register FIR.
A. Confession or Admission of any fraud by way of written communication ( E-mail, Whatspp etc) is sufficient proof of evidence to establish your case.
B. As far as the Cheque bounce is concerned, you have to be issued a legal notice to the Accused and you may file a case against him before Magistrate Court in the event of non payment of cheque amount even after issue of legal notice.
File suit for recovery but you have to file condonation of delay along with it to get the suit admitted. Bank transfer record is a valid proof of such money paid. And email conversarion should be submitted to prove the property transaction.
If you want the peoperty then file suit for specifuc performance on the basis of email conversation.
Hello,
Send a legal notice to him.
Email and bank transfer are sufficient to prove the transaction.
File an FIR of cheating and criminal breach of trust and another case for recovery of the money.
Regards
For the bounced cheque you will have to file the case within the time prescribed in the act.
If the same has not been filed then file the same with an application for condonation of delay.
Regards
1. Yopu have mentioned in your query "there is no written evidence that this man has cheated my father of his money". Do you have any evidence that your father had paid him the said amount?
2. If yes, then is there any mention of the reason for your father's sending the said amount to him in any of the mails exchanged by and betweem them?
3. If you have the said evidence, then first of all your father (if he is alive otherwise yourself0 shall have to lodge a police complaint against him for cheating your father by taking the money for buying land for yourb father which he has not yet arranged to buy and refused to return the said money.
4. Therafter, file a Money Suit against him claiming refund of the said amount with interest, damage and cost.
5. Hope he won't be able to submit any document to prove/claim that your father had lent him the said amount to without mentioning when the said amount is to be refunded or the said amount has not been gifted to him.
1. You shall have to submit evidence of his such admission.
2. Audio/video recording of such admission is good form of evidence.
3. If his cheques have been bounced, you shall have to sue him u/s138 of N.I. Act within the specified period.
if admission is made before 3 years of present then you can file a money recovery suit
the suit wont be barred by limitation
Hello
A person who appears to be a distant family member told you that he will help you purchase land and took money and never returned it and nor did he purchase any land in your name.this comes under fraud cheating and criminal breach of trust and therefore criminal offences have no limitation period. Therefore no need to go in that direction. You should file a fir and in case the police refuses to do so file a complaint case against the person in India.
Regards
The following options are worth a try:
1. Based on the Bank Transfer documents, you can file a Civil suit, to claim back the money. This might get things started.
2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, fraud against the person, supported with all relevant supporting documents.
3. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
Keep Smiling .... Hemant Agarwal
