• My friend is not returning my money

Hi i am from mohali and working as a Software Engineer. Few months ago a person joined my company from Hyderabad and got friendly with me. He did 10,000 transactions from my Credit card as promised to return the soon. But later on when i asked about my money he was giving time and not paying on that day. Its been long time he is doing like this.Now i want to take some legal action against him. i have proof of whats app chat conversion about money and about transactions. What should i do to get my money back?
Asked 6 years ago in Criminal Law
Religion: Sikh

15 answers received in 1 day.

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18 Answers

1. You should send a legal demand notice to that friend.

2. If he refuse to pay the money you can initiate recovery suit against him.

3. Police complaint cannot be lodged for recovery of money. 

4. You can lodge FIR for fraud and cheating against him.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You have two options, one is to issue a legal demand notice and the second one is to lodge a police complaint based on the whatsapp chat message.

However both the subjects would be as costly to the extent of the money he owes you, so by this you may have to exert your energy and waste time also, so decide wisely

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Issue friend legal notice to return your money 

 

2) if he refuses file suit to recover your money with interest 

 

3)also file poluce complaint of cheating and criminal breach of trust against your friend 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Well, since he has made the transaction through your card it would be very difficult to prove that your friend used the card and not you.

Anyway if there is some roof to show that your friend used the card then lodge the complaint with Police alleging cheating and if police gets convinced about your complaint then it may on registration of FIR pressurise your friend to return your money.

Otherwise you should consider  this money to be lost for good.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You can file a money recovery suit in civil court and try.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

The easiest ways to send a legal notice at this point of time and tell him to pay the amount including the cost of the legal notice otherwise you will take legal action which is appropriate incase denies to pay the amount including the charges then you can visit the nearest police station and file a complaint regarding this under section 420

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Send a legal notice to return your money. Check his reply, if he refuses to give back the same then file suit to recover your money.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... against the person, supported with all relevant supporting Documents & Witnesses.

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need to issue legal notice to the said person for return of the amount if on notice he fails a suit for the recovery of the amount have to filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

He must have personally scraped the card on shop or submitted online details to be used for his purpose. Tell him you file FIR for theft and cheating as used your card without knowledge.

Give money in a day else you file FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,

File a police complaint for criminal breach of trust, cheating etc. Bring the erring party to the negotiating table through the medium of this complaint. Settle the dispute. Drop the charges. 

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

you can file criminal complaint against him at local police station for cheating and criminal breach of trust

Nitin Jaspal
Advocate, Gurgaon
36 Answers

Ans:- Send him a legal notice immediately. Thereafter, you can initiate legal proceedings against him in Court. Once, you file the claim in court, you can file an application in court for attaching his properties too.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

A legal notice must be sent to him. If he does not respond then file a recovery suit in the civil court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- Yes, you can take legal action against him after taking the proof of payment , and other proofs like whatsup etc.

- You should issue a demand notice for asking the loan amount given by you , after mentioning that you have much proof of payment with you , and in case not return , you are going to take legal action against him.

- If, no response within a period of 15 days from the date of sending notice , then you can file a recovery suit before the court , with the above said proof /evidence.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

you need to send him a legal notice on the basis of your facts. Let him admit or deny your contention and on the basis of that further remedy for recovering your money can be initiated by filing appropriate proceedings in this regard. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You need to file recovery suit against him in civil court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. You were naive to have allowed him to do 10000 transactions from your credit card. Be that as it may, you can now file a suit for recovery of money against him to recover the money.

2. In your suit you will have to prove that money was given to him. The mere fact that he used your credit card to carry out transaction is not a ground to seek recovery of money. On the basis of whats app conversation alone you cannot succeed in your suit.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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