If you have his cheques than get them bounced and file criminal complaint and cheque bounce case. Otherwise have to file recovery suit. Hope you have proof of amount given.
Recovery of Friendly Loan Given by RTGS to friend.
Dear sir. In june 2016 I had paid sum of RS. 525000 ( Five Lac Twenty five thousand by RTGS to one of my friend as he has asked for 15 days to return the same. Then after he started giving excuses for not making payment and started giving me false commitment about the payment and then paid sum amount in pieces and his some cheque bounced also and till nov 2018 he has paid only 2 Lacs and now he is not responding to my calls as well as messages. He promised me to payback at the time of selling his property. But ditch me and not paid my outstanding dues. I came to know that there are 2 cases on him for cheque bouncing u/s 138 in Borivali Metropolitan Court. Sir it was my hard earned money and due to some loss in my business i m in very much big financial problem. Is there any legal way to recover my dues with losses i suffered due to his non payment. Thanks Manish Zaverie
Asked 6 years ago in Criminal Law
Religion: Hindu
19 Answers
This man does not seem to repay your money soon and if that is so then sending him requests will be of no use.
If he has left any signed cheque with you then on its dishonour file a cheque bouncing case.
In the alternative file a civil suit for recovery of money.
Add the charge of cheating as well so so the person under pressure of Police may return your money.
I have his recorded commitment to payback in 15 days time and some messages of commitment he never fulfilled. Can i go for only criminal police complaint of cheating and breach of trust?
Asked 6 years ago
Dear Sir,
You can file a civil case on the basis of RTGS payments. You can also file case on the basis of bounced cheque which has 3 years limitation to file civil case.
No. There is no breach of trust, nor cheating. You have to sue him for recovery (civil suit).
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1) issue legal notice to your friend to make friend
2) if he fails to pay file summary suit to recover your money with interest
Still you have to prove by tangible proof of amount given . Mere msg or recoding hardly reliable . Can try through police complain, might there call recover the amount .
You can issue a legal notice to the person seeking refund of amount in two weeks from notice in case he fails to do same you have to file a summary suit for the recovery of the amount.
you can file recovery suit against your friend on the basis of bank transfer..
See this is loan amount it is civil dispute though you can give a criminal complaint to make pressure on him.
You can file complaint of cheating, criminal breach of trust against your friend
You can file civil suit for recovery or can file cheating Complaint. If you have his cheque you can bounce the same and file cheque bouncing case under Negotiable Instruments Act.
1) You have took any promissory notes signed from him ?
2) On that recording basis you can show as evidence that you will receive that much of amount from him.
Yes, you can file only criminal case.
you have below options-
1. file case under section 138 of NI Act but time might lapse as per my guess, pls check if there is time pending go and file instantly.
2. cheques are conclusive proof of liability and in addition, you had made payment through RTGS, therefore you also have an option to file suit for recovery, so, go and file suit for recovery of your hard earned money.
3. you also can make a police complaint about cheating and criminal breach of trust but police rarely register such complaints stating them as civil matters. anyway, you can try
GOOD LUCK
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person, supported with all relevant supporting documents.
2. 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.
1. Since his cheques had bounced you ought to have issued the demand notice and then filed 138 NI Act cases on him.
2. Now if the cheques are past their validity period then the only remedy in your hands is to file a suit for recovery of money in the civil court but you will have to prove his liability. The only documentary evidence you can rely on is the bank statement which would show RTGS to him.
- As per the information mentioned in the present query, makes it clear that you have already filed and proceeding the case against him for the amount left which he is supposed to return you.
- Sir, once the cases are decided then you will be getting the amount left plus may get the double amount of the cheque if the court gets satisfied.
- And even if not the amount double then also still you will get Interest for over the period he has not paid you including the time of filling the case till the final conclusion of the same.
You first issue a legal notice demanding your money.
If he isn't responding or not complying with the demand made, you may file a money recovery suit in the civil court on the basis of documentary evidences in your possession i.e., RTGS bank statement and the cheque he gave you.
You are running out of time, it is only three years within which you have to file a money recovery suit because after that you cannot claim anything from him as it will be barred by limitation
You can lodge a criminal complaint against him for cheating offence besides filing a money recovery suit in civil court of law.