i gave to a person 2 lakh rupees in 2004. i am from village ,i have only informal record (just on a diary ) of that but the person signed there. Money was given on some interest rate it was also mentioned in that informal record .Now that person is refusing to pay principal + interest.
some lawyers suggested filing of criminal case against him.
does criminal case initiation have any solid prospect in culminating in money recovery ?
Asked 4 years ago in Criminal Law from Kolkata, West Bengal
Yes initiation of criminal case against the borrower is have strongly recommended for recovery of money, for that you must mention at the prayer portion of the complaint refund of principle amount along with charges for mental harassment.
File an FIR with the local police station and subsequently a criminal case would help you to recover the money so given.
Neither civil nor criminal case would lie as it has already been time barred.However, if you send copy of noting you made in diary for examination then I may suggest any possibility of recovery. Please call.
Advocate, New Delhi