• Person not returning the money taken from me

I met a person in matrimony and during the period we were in contact , he has taken rs.45000 transferred to his account and about Rs.30,000 Which I have given in cash to him and his other contacts. 
I have whatsapp proof of him accepting that he has to return Rs.75000 to me and googlepay proof of Rs.45000 from my account to his account.
 He has returned Rs.10000 long back by googlepay but refusing to return the remaining amount and making false accusations that I have taken money and gold chain from him. Now he asked me to return the money and gold chain and other things he falsely accuses me of taking from him and said he will not return any amount to me. 
I used to visit him that was hardly 7-10 times at his residence and now he is making false accusations that he has rented me his home for 3months and therefore I should pay him.There is no rental agreement and I have not stayed also.He is making accusations of me taking his 2bhk ground floor and single room 2nd floor both for my stay and trying to avoid returning my money.

I told he can take time and return my money in instalments but he is not agreeing to that also. He has stopped picking my calls or responding to texts. I have phone call recordings of our conversations.

1) Is whatsapp chat a proof that can be used.Are phone call recordings a proof?

2) What is the meaning of legal notice to get money? How is it done?

3) We are from different cities.
Can I register at any police station in my city ?
Is it compulsory to file at a police station of his home address in his city or It can be done at any police station in his city?

4) can I consider cyber crime case as I met him through matrimony site?

5) He is doing my character assassination and threatens to come to my city and 
do the same in front of my home and says he will do something to spoil my marriage. Can I file a complaint to stop him from doing this?
Asked 10 days ago in Criminal Law
Religion: Hindu

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15 Answers

File police complaint of cheating , criminal breach of trust against accused 

 

2) what’s app chat , audio recordings are admissible in evidence 

 

3) you can engage lawyer to issue legal notice if you so desire 

 

4) you can file police complaint from your city 

 

5) you can also file case of defamation if he is maligning your reputation 

Ajay Sethi
Advocate, Mumbai
82668 Answers
5248 Consultations

5.0 on 5.0

  1. Whatsapp chat, voice/video recordings/emails are all accepted as proof by the Court.
  2. A legal notice is issued by lawyer asking the receiver to enforce any right of sender notice warning him of legal action if he fails to do within the time granted by the sender. In your case it payment of money taken from you.
  3. You can file suit for recovery of money paid in your city and also file criminal case for cheating in your city.
  4. As he has used to collect money from you online, you can approach cyber crime police station also.
  5. If he does any character assassination you can file criminal case for defamation against him. It is better to file criminal case against him immediately so that he cannot create any scene. If can be stopped if criminal case is filed against him right now.

Ravi Shinde
Advocate, Hyderabad
1007 Answers
8 Consultations

5.0 on 5.0

Your description of case is very interesting.
You were living with him in his house for some days after meeting in matrimony site.
so this was before you both decided to not to marry or afterwards.

 

1) whatsapp chat , phone call recordings are admissible in evidence.

 

2) A lawyer have to send a legal notice. Legal notice is mandatory in some cases before filing case.

 

3) you can file police complaint in your city as well as his city.

 

4) Cyber crime for matrimony is possible but have to study the case in more detail for it specially your sexual relationship and/or money dealing.

 

5) you can file case of defamation if he tries any of those to malign your reputation.
You can file police complaint to stop him and threatening.

 

You have evidence of money transfer so you can file police complaint of cheating , criminal breach of trust on him but better discuss first with a lawyer.

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

1. Yes, you can produce the whatsup chat proof in print form before the court for evidence against him 

2. Since you having proof for payment with you then for the recovery of said amount you have to send a demand notice to him through an advocate and this notice is called legal notice , and it is necessary to send before filing a case for recovery. 

3. Yes, since he has cheated you in the name of friendship , then you can lodge a compliant against him 

- You can lodge your zero compliant in any police station 

4. Yes, even you can lodge a compliant under the cyber crime as well , but some amount was paid through cash hence it will not come under the cyber crime. 

5. You can lodge a compliant against him for the offence of cheating , breach of trust, threatening and blackmailing .

Mohammed Shahzad
Advocate, Delhi
7060 Answers
73 Consultations

5.0 on 5.0

1. yes

2. send a legal notice through lawyer

3. you need to register at police station where crime happened.

4. yes

5. yes you can

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

Dear Ma'am, 

1. WhatsApp chats, audio, videos are valid evidence and are accepted by the court as valid proof. 

2. legal notices are issued by a lawyer seeking to enforce the legal rights of the sender. It also includes a warning legal action if the rights are not enforced within the said time limit. in your case, the legal notice will seek to ask the party to return the money to you. 

3. the case can be filed in your city. 

4. since the payments were made online and communications were also online, cybercrime cases can be registered. 

5. you can file a case for the offence of defamation. A police complaint can be filed to put an end to threats. 

Thank You 

  • For further assistance, you can book a consultation with me.
  • If you liked my answer, please give a good rating and leave a review.

Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

Dear SirMy answers are as follows.1)     Is whatsapp chat a proof that can be used.Are phone call recordings a proof?Ans; Both are admissible as evidence by the Indian courts. 2)     What is the meaning of legal notice to get money? How is it done?Ans; Such notice will be issued by the advocate on payment of fees and put forth your case and other side will be given 15 days time to return your money. 3) We are from different cities.Can I register at any police station in my city ?Is it compulsory to file at a police station of his home address in his city or It can be done at any police station in his city?Ans; You can register FIR in your city and it may be transferred to that city. 3)     can I consider cyber crime case as I met him through matrimony site?Ans; It is not a cyber crime and it is only a civil case and some times police may refuse to register FIR. 5) He is doing my character assassination and threatens to come to my city and do the same in front of my home and says he will do something to spoil my marriage. Can I file a complaint to stop him from doing this?Ans; On the above grounds you can register FIR and get him arrested.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

1. The whatsapp chat message cannot be admissible as primary evidence before court, however on the basis of this evidence you can approach police with a complaint for cheating you after taking your money on loan and refusing to repay.

2. You can approach an advocate in the local and issue a legal demand notice demanding the money given to him as loan by stipulating time in that notice, failing which you can convert it into a money recovery suit. 

3. For an effective action  and recovery of money, it is advisable that a complaint may be lodged in the police station within whose jurisdiction his residential address falls.

4. No, there is no cyber crime involved in this.

5. If he is indulging in such undesirable activities against you, then you can very well lodge a criminal complaint against him with the local police station also.

 

T Kalaiselvan
Advocate, Vellore
72753 Answers
1110 Consultations

5.0 on 5.0

A criminal complaint must be filed against him for  cheating and forgery and fraud and blackmailing and extortion.

A case with the cyber crime cell can akso be filed.

Electronic evidence is admissible in a court of law.


A legal notice may be sent to him demanding money and in case he doesn't respond then file a case.

Rahul Mishra
Advocate, Lucknow
12634 Answers
31 Consultations

5.0 on 5.0

1. Whatsapp conversation can be led in evidence according to the provisions of IT Act and Evidence Act.

2. Serve a lawyer's notice to this person to demand the refund of your money. If he does not refund it within a week then you may file a criminal complaint for cheating and criminal breach of trust under Sections 420 and 406 IPC against him and also a suit for recovery in the competent civil court.

Ashish Davessar
Advocate, Jaipur
30635 Answers
893 Consultations

5.0 on 5.0

Hey,

 

1. Yes they both can be used as evidence as per the Indian Evidence Act by the virtue of amendments of the Information Technology Act.

2. Legal notice is sent from an advocate on your behalf to that person to pay you within a certain period of time failing which legal actions are hinted at so as to make them avoid litigation and pay money.

3. You can register police complaint from your place of residence. 

4. I would suggest for that to be kept as the last option as it isn't the best option for you.

5. This is good enough for you to file a complaint with the police for criminal intimidation. 

Sanjay Narayandas
Advocate, Hyderabad
51 Answers

5.0 on 5.0

He can register FIR against you by making false allegations 

 

2) in order to convict you allegations have to be proved 

 

3) police would conduct investigations, record your statement then file charge sheet

 

4) mere registration of FIR would not affect your job 

Ajay Sethi
Advocate, Mumbai
82668 Answers
5248 Consultations

5.0 on 5.0

1. For making an allegation  of not paying the rent he must prove the landlord - tenancy relationship by producing the copies of the rental agreement or any other evidence for your stay there in the premises as a tenant.

As far as the money he has to return it to you, he is giving some lame excuses with false accusations that you had taken his gold chain etc., you may first send a legal demand notice demanding the money you had lent to him in the past based on the transactions details and also his confirmation through whatsapp about the receipt of the said sum of loan amount.

Your government job will not be affected for any reason due to this legal notice or the legal steps that you may take to recover your amount.

2. First of all he cannot approach police without any evidence, even otherwise, the police will not register the FIR immediately on receipt of a complaint form him in this regard. They will first summon you, enquire into the incident and then only they may proceed with the legal action if they find that the complaint is made out on the basis of the documentary evidences he may submit.

3. Read the above.

If in case of a FIR registered against you, then yo may better apply for anticipatory bail and challenge his false case properly in the trial proceedings accordinlgy.

4.  No, it will not affect.

T Kalaiselvan
Advocate, Vellore
72753 Answers
1110 Consultations

5.0 on 5.0

Dear sir/ma'am,

1. Filing a false F.I.R is an offence and in case if someone puts false allegation on you and files the F.I.R against you then you may file a complaint with the police officer who lodged the FIR or with his Senior police officer, who is empowered to file a case against such police officer who lodged the FIR before the Magistrate court under Section 182 of the IPC.

 

2. Once the FIR is filed, the police must investigate the case, record the statements of all witnesses, and file a final report. If the police determine that there is no basis for the complaint or that there is insufficient evidence to prosecute the case, and no further action is taken.

 

3. The mere filing of a FIR will have no negative impact on employment. For any adverse effect on their job, proceedings must have been initiated in court or the person must be convicted of the offence.

 

4. No, the F.I.R alone will not affect your job, till the time your case is actually moved to the court for further proceedings.

 

Thank you,

  • For more assistance, you may book a consultation with me
  • If you like my answer, please give a good review and leave a rating

 

Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

1. You can send a legal notice for getting the refund the amount after mentioning the details and further deny that you got said money in any form 

2. No

3. Registration of FIR can effect government job , but there cannot be FIR on this ground.

4. Further only a compliant and FIR against you cannot effect your job , 

Mohammed Shahzad
Advocate, Delhi
7060 Answers
73 Consultations

5.0 on 5.0

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