• Looking for right justice

Greetings. Myself Kumar from Bangalore. I taken personal loan 2016 and given 6 lakh to my friend through NEFT.. since he was in some family emergency he took and promised that he will return within 1 year but he couldn't keep up his promise. I have deposited cheque he given and it got bounce then he requested and given another cheque even that got bounce, with no option I have filled cheque bounce case in the Court of 16th ACMM. After initial process & notice - honorable judge suggested to compromise since both are friends and should not became enemies because of money matter on court adhalath day. My friend he accepted to pay 450000 of out of 6 lakh since I was falling default to pay loan, accepted with 1.5 lakh less in principal.. and all this is written and signed by both parties & lawyers in front of Honorable Judge. The case got closed. 

He written and accepted that he will pay the amount in 3 installment. ( Sep , Nov & Dec 2018 each month 1.5 lakh ) unfortunately he paid 2 installment and kept 1st installment till now pending. When I tried to contact he tried to treaten me. I approached my lawyer again he given answer that I can raise with another complaint to attach his property ( he doesn't own anything ) or his house hold things this is the only option.. but here the big challenge he shifted his house and got absconde. I tried max to find his address but no use.. but he is using his regular contact number with wats up. Being friend he cheated a lot ... I lossed almost 7 lakh include bank paid intrest.. even after approaching court I didn't got Justice. 

My humble request to answer few doubts and suggest me the right path 
1. What are the further option is available or any suggestions to get right justice ?
2. After lodging another case on him can I request court towards sentence him for jail. Even if he pay balance 1.5 lakh I am not feeling it right justice. Do I have right to refuse it ?
3. Since his address not traceable can I share the court notice over his wats up ? Will court accept it ?
4. Since it 2017 case, will court lodge another case in this situation ( Covid 19 lockdown ) ? 

Thank you in advance for the support ?
Asked 5 years ago in Criminal Law
Religion: Hindu

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13 Answers

Well you made the mistake to agree with less amount. Since he default the court compromise, you can now claim full amount with interest. File of cheating and criminal breach of trust.

You approached court and justice rightly served you. Fault at your side that you failed my due settlement.

Well, file FIR for fast recovery and full amount. You can also file contempt against him for violating court compromise.

Notice will serve on whats app. ON same cheque, fresh suit will not file. Can file recovery suit and contempt.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. File a contempt petition before the court , as he is not complied the settlement passed by the court. 

- But, how you withdraw the case, without getting the amount from the accused /friend.

2. Yes, 

3. Yes , very much accepted 

4. File a cheating case also against him . 

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

Dear Querist

As per the Information provided by you, my opinion on your queries are as under:-

 

 As the matter was settled before the LOK Adalath and it is in the written form, so you may file an execution petition against him before the Court based on the Order of the Lok Adalat and approach the court for issuance of warrant against him. he will be behind the bar until paid the agreed amount to you along with the legal expenses. in the execution proceedings, you may mention his Whatsapp Number for the issuance of notice to him. once the court issue warrant of attachment of property or person, the police will search him and arrest him and brought before the court, don't worry, he has to pay the remaining amount along with the legal expenses.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

You have option to reopen the case with same court. take assistance of the advocate and move it forward to the magistrate. the magistrate will issue non available warrant against the Accused again for non payment as per the joint memo of compromise. Kindly contact for Further details and legal assistance.

Mohammed Mujeeb
Advocate, Hyderabad
19371 Answers
32 Consultations

You can file another case against your friend plus bring in court's notice that your friend has done "Contempt of Court"  so court may take actin against him on immediate basis.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) undertaking must have been recorded by court that he will pay amount 

 

2) if he fails to pay take out contempt of court proceedings against accused 

 

3) if you get the money Accused woukd not go to jail 

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

1. Revive the old cases mentioning that he didn't complete the terms. 

2. Court may order him to pay double amount.

3. Yes this is acceptable. 

4. Yes

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Dear Sir, 

You may file the execution case against him and get him arrested or to file the amount. The court notice is acceptable through WhatsApp.  

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

1. IF take this issue seriouly THEN you would know that Friend does not intend to return your money and that from starting his intention was to swindle you off your money.

2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Yes certainly you have every right to seek and have Justice against the wrong doers and accused.

You Civil Court proceedings and Criminal Court proceedings along with right to initiate Contempt proceedings against your freind the accused. 

Yes you can serve notice on WhatsApp it is acceptable in cheque dishonored case or notice.

You may file civil recovery suit against the accused and fresh cheque dishonoring case against the accused. 

Even you may file Contempt proceedings against him for violating the terms of settlement made before the court which he has deliberately breaching each and every day after the settlement process before the Court.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

A complaint must be filed against him for fraud cheating and criminal breach of trust and threats given to you.

The case that was closed should  be opened through your lawyer and appropriate proceedings initiated. You know his no. Inform the court and he will receive notice of it on his WhatsApp no.

If he doesn't attend warrant will be issued against him.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since he has agreed to pay an amount which was accepted by you in the presence of the lok adalat and an order has been drawn to that effect, he is liable to pay the entire agreed amount.

Now he has paid only a portion of the amount he agreed to pay and absconded now without paying the future installments.

You can file an execution petition to execute the orders of the court for recovery of balance amount with interest.

You can send the summons to his whatsApp number also if you do not know his current address.

You can file this execution petition during this lock down period also.

 

T Kalaiselvan
Advocate, Vellore
90173 Answers
2506 Consultations

You can file contempt petition against him and seek direction of the court to get your recovery

Prashant Nayak
Advocate, Mumbai
34657 Answers
249 Consultations

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