• Cheating case - Money Fraud

I gave money to Indian citizen residing in African country as a business loan. Loan repayment terms have been completely breached by him. What legal action can be taken. Person is Indian passport holder.
Asked 6 years ago in Criminal Law
Religion: Hindu

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16 Answers

1. File complaint with the relevant African embassy /consulate, about the nefarious & cheater businessman.

2. The African authority would conduct proper investigation and if found sustainable, then prosecution for cheating & fraud would be lodged. It can be done.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- If, there is a Loan agreement or any proof of payment with you, then you should lodge your complaint with the Indian Embasey /Cosulate againt him , after mentioning that he is a cheater and cheated you .

- Presently you are in Saudi Arabia, where you have given the said loan to him ?

- If, you are from African Country , then you can also lodge your complaint with police there as well 

- Further, if you know his address in India/Africa , then you should issue a demand notice , and thereby you  should warned him , that if he will not pay the amount within a period of 15 days of time,. then you are goinng to take legal action against.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

- As the offense has happened outside India with overseas national, directly you can not file case in India.

- If in terms and condition, jurisdiction area in any consequences has kept India or any arbitrary clause is mentioned accordingly the action can  be taken.

- If possible do share the agreement copy to guide better ( same ref have shared a mail for further understanding)

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

See you can file a complaint before the police in India for cheating and breach of trust also a suit for recovery of amount can be filed before the civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

issue legal notice to borrower to repay the loan 


If he refuses You have to sue the borrower to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Send a legal notice through him through a local lawyer, calling upon him to forthwith release the payment that he owes to you. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Any written agreement executed or just casual transfer without any contract ?

Can file recovery suit where he has permanent residence in India or from where money is given.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

First check the date on which the loan was given (limitation).

Issue notice demanding the amount lent.

If he fails to repay the same, lodge complaint with the concerned embassy / consulate.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Where did you give the amount, if you had transferred to his account in that country from India, then you can initiate action through Indian courts for recovery.

If your transaction had taken place in that country then you may have to initiate legal steps in that country as per that country laws only.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Hi,

You may first send a legal notice to return the amount within 15 days and if not returned by him, you may file the court case for recovery of the amount. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You have to do some homework before choosing the right course of action .

A default in loan repayment is generally a civil wrong with nothing to do under criminal law. 

But it can be  change into a criminal offence if it is clearly evident from his course of actions that he had an intention not to repay the loan at the very beginning, or he had intentionally caused his  incapabilities  of repaying the loan by his such acts which was not for the lawful Bonafide purposes of taking the loan. For example say a business man puts the loan amount into gambling and loses everything. In such case his default in repayment of loan shall be both a civil wrong and criminal offence of cheating or fraud.

So look into the facts which leads to the default of loan payment by him and take action accordingly.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can file a case in that country for cheating if you both are staying there if he returns to India then you can file case in india

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

A criminal complaint can be filed against him as to how he duped you into giving him loan and now ran away and is not coming.

Also a suit for specific performance of contract can also be filed. The court shall summon him and can even cancel his passport for not appearing.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can initiate a criminal proceedings. Criminal proceeding is swifter than civil proceeding. Your can register an FIR in the nearest police station and take the case ahead.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You should send him legal notice for recovery of money.

If he fails or refuse to refund the money you should lodge FIR against him for fraud and criminal breach of trust.

And you can also file recovery suit against him in civil court

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Where did the cause of action arose?

 

2. Was there any agreement specifying the terms and conditions of the said loan.

 

3. You shall have to act based on the said agreement.

 

4. You can also file a Money Suit against him in India in addition to a police complaint for cheating you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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