Yes you can easily counter him. But if fir done take anticipatory bail
Unsecured loans
Good evening plz, one of my relatives had given a sum of 7 lakh rupees earned from ancestral property to my father against a monthly intrest, my father paid intrest few months but later on not able to pay, there is no written agreement, now my father is returning principal sum but taking time due to financial conditions, he regularly used to abuse us and warns of lodging FIR, he recorded some conversations also, whole money has no bank transactions history not even when he got that money, plz guide me to avoid this situation as I'll slowly return all his sum, moreover how I can counter him if some FIR situation happens, no bank record of such money is wrong on his side or not?
Asked 5 years ago in Criminal Law
Religion: Hindu
13 Answers
The money was given in cash and it is a civil matter. You accept that you took the money and are ready to return it.
Therefore tge police has no role to play in it. Tell him that you will return the money.
In fact if he threatens you file a case.
Recovery of money is not a criminal case but of civil nature. It is said that one is innocent till proven guilty. Tell him boldly that you have not taken any money and in case he thinks that you are liable to pay something, he can get it through due process of law. Let him file a recovery suit, prove his case and in case he succeed in doing so you may make the payment not otherwise. Don't make admission that you have to pay them. Take legal help from local lawyer, if required.
There is no evidence of any money advanced
2) interest has been paid in cash
3) don’t sign any acknowledgment of money advanced as loan
4) no need to bow down to pressure tactics
5) relative would not be able to price the transaction
Dear sir,
There are a lots of details involved which cannot be described in written answers. Therefore, it is advisable you need consult an advocate through this portal through phone or contact any good local lawyer.
We will be able to advise you properly only after going through all the details (specially the call recordings).
No bank record can weaken his case but the loan can be proven through other means.
Police is unlikely to register FIR in this case.
Just make sure not give him any other proofs of the transaction admitting the loan.
Best wishes.
No worries.
In case of FIR ,Please file Anticipatory bail application before District and Sessions Sessions Judge.
It is a Civil Court case and recovery of money pertaining to civil case.No elements of criminal charges. Therefore firm and fit case for Anticipatory Bail.
- Since, there is no agreement , and other transactions proof , then an FIR cannot be lodged against your father or any members of your family.
- Further , if the said relative threatened then lodge a complaint before the police and higher official and thereby mention they are threatening for dire consequences without any reasons.
- Further , the said relative files a complaint before the police then refused for refund of any amount ,as the case would not maintainable in the absence of any legal proof .
- Further , the limitation period of recovery of amount is 3 years from the date of last payment if any .
If your father has obtained loan on interest then it becomes his duty to return the loan with interest.
It is not fair on the part of your father to refuse to pay the interest or repayment of loan.
The repayment made so far would be an evidence for lodging a criminal complaint with the police for the offences of cheating, hence you got to be careful about it especially when the police summons you on the basis of the complaint made before it.
It would be better that you arrange for an amicable settlement with the terms of repayment mutually agreed instead of running behind police station and court.
Noone can give money for taking interest like this.
They have illegal given money to your father, lodge a complaint against them to police
Dear Sir,
If there is no written agreement, bank transfers etc, then you may come heavily and refuse the return the amount as well. However, you are suggested to do the same through the legal transfers by of bank transactions and then you may demand the whole amount if he threatens of anything.
No FIR made out in such cases and also without lending license, relative cannot charge interest.
Your father can directly refuse to pay interest and pay principal amount only with his conformt. Adjust the interest already paid agaisnt the principal amount and pay rest when amount available to your father.
And if there is no proof of len den than avoide him.
there is no evidence of loan Or transaction , FIR or case is not maintainable, in case if they lodge FiR apply and obtain Ab.
1. You should record the conversation where is ask for money and abuse your father and then your father should lodge FiR for criminal intimidation against that person before he initiate legal action.
2. This will help you to get some time for returning his money.
3. No Bank transfer or records with lender will be better for you but he have recorded conversation with your father which can help him.
