• Two different legal issues

I am a govt. Servant. age 37. I have two questions as follows :

1) one of my office colleague had lent some money (60000/-) in April'2017. He told to refund it within one year, but yet to return it still now. How can I recover my money? Can I take any legal step against him? 

2) In any case, if anybody lodge any false complaints or FIR against me at police, what will be the problem/effect for me or my job ?? Will I be arrested that time? Can I take any preventive measures to avoid such kind of situations? Plz help
Asked 4 years ago in Criminal Law
Religion: Hindu

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14 Answers

1. Yes you can issue a legal notice for the recovery of amount if he fails you can file a suit for the recovery of the amount.

02. See till the time you are not convicted there is not problem, in case there is complaint you can take an anticipatory bail, see if there is any such chance apply for anticipatory bail.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You need some witness or some sort of evidence ,if the other party denies,  to proceed legally. With evidence or witnesses you can file money recovery suit. 

Filing false case FIR is not matter of grave concern because false case does not get support from law generally. 

As to official procedure you should inform your employer of filling of any criminal case/FIR against you.  

Police can not arrest without making any preliminary investigation as to the truth in the allegations.

Any how if you remain in jail custody for more than 48 hours you should immediately inform of the same to your office.

Office after getting the information generally goes into the nature of the offence and depending upon its seriousness and degradation of morality may take disciplinary action including suspension not exceeding for a period of 3 months at a time. 

If allegations are Prima facie false or frivolous office generally does not initiate any disciplinary proceedings.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

You can file civil suit to recover the money advanced by you . It has to be filed within period of 3 years 

 

2) if any FIR is filed against you of cheating apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

The first step would be to send a legal notice to the person concerned and see if the opposite party complies with you or not. If this does not work you can always file a suit for recovery.

Making an alleged accused in the FIR does not mean that you are an accused in the criminal case. Only after trial the court deiced the case on merit. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Do you have any proof that your colleague had taken money from you. Like cheque or promissory notes.

 

If any body gives police complaints against you than needs to check under which section they are making allegations

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. Send a legal notice and if he doesn’t return thereafter then you may file a case for recovery.

 

2. You will not be arrested directly until and unless police finds prima facie evidence against you.

 

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. If you have documentary proof you can send a legal notice to them asking them to repair the entire amount within 15 days of receipt of the legal notice. If they fail to do so, you can file a suit for recovery in civil Court 

2. It can be done. it will not affect your job until and unless you are convicted for the same. you can be arrested, if FIR is lodged against you for a non bailable offence. You can seek anticipatory bail from the court, if you have apprehension that FIR is going to be registered against you in future which would be malicious in nature.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Yes you can recover the same by filing recovery suit in court. You can also file cheating complaint but his malafide intention should be proved. 

You need to first take anticipatory bail if ant FIR is filed. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1) In case if you have any proof of lending and taking  of money use it.  Issue notice to him demanding amount lent to him.  If he keeps quite, file case for recovery of money.

2) Does this query relate to (1) above 

# If FIR is lodged against you, you have to prove your capacity to lend money (hand  loan). 

# Have bank statement of your bank account for relevant period.

# You have option of taking Anticipatory Bail, for which you need to have idea of filing FIR and the issue.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Do you have proof of payment, if yes than issue legal notice for refund, still not paid have to file recovery suit.

Arrest depepdns on charges in FIR. Except corruption case, arrest is rare.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

 1.-  As per rule , No Government servant shall make, or permit any member of his family or any person acting on his behalf to make, any investment which is likely to embarrass or influence him in the discharge of his official duties.

- Since, you had lent amount to your colleague in need , hence you have right to recover the same legally.

- If, you have proof of payment to him , then you should issue a legal notice to him for paying the same.

- If, no response , you should file a Recovery suit under the provision of CPC.

- The limitation of recovery is limited to three years from the date of lending loan. 

2. In case of Govt servant, State or Central, if he is arrested in any criminal case and remains in Police or Judicial custody for more than 48 hours , he is bound to be suspended from service.

- In case of complaint , no action will be taken against you , but if there is an FIR then you may be arrested in the said offence , but depend on the nature of offence. 

- If police is trying to apprehend you, then you will have to take anticipatory bail from the session Court.

- As a preventive measure , you can inform the local police in written , that somebody is trying to implicate you in false cases. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

You can send him a legal notice through your advocate for recovery of money given to him if he fails to give you money then you can initiate recovery suit against him.

You cannot take any preventive measures for suspected false FIRs.

It depends on the Offence stated in FIR that you will arrested or not and it will have adverse effect on your job or not. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Yes, if you have evidence for having lent the money, then you may issue a legal demand notice and demand return of money advanced to him.

2. If there is any false complaint with the police about you then if you suspect that this to happen when the police calls you then immediately you apply for AB and after that you can face the inquiry and the trial proceedings.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Dear Sir,

1.If there was no witness and if the money was not given through bank transfer or cheque and in simple terms there is no evidence , then it is best to start with written communication by email or registered post. Mention in details all that led to lending of the money, the date, place etc and make the person aware that he has a debt and needs to return it may be in full at one time or in installments. If all these fails then you need to talk to a lawyer.

 

2.Not necessarily and in all those case wherein FIR is recorded. As regards it's affect on your career, it depends on what is your career. ... Generally, if the false FIR is related to a petty quarrel with your neighbor, or a traffic accident case against you, it may not affect your career.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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