File police complaint against the 2 persons for cheating , criminal breach of trust under section 406,420 of IPC
2) also file suit to recover said amount with interest
Breach of trust and cheating on funds
My friend who is a lady lives in Mumbai has been duped by 2 people as they took loan from her to the tune of 45 Lacs for doing business and by promising good returns. After 3 years now they have not returned the principal and not interest or returns promised. She had mortgaged her house and took 25 Lacs from a lender and gave this funds to them. The individual has a company registered in mumbai and money paid to company account and the owner now lives in Allahabad. Another person lives in mumbai. They have been giving false promises fir many years and now given 6 th Oct 2021 as the last promised date. In case they do not return the funds on this date what are the legal actions which can be taken on them. I need legal representation in Allahabad. Can I Send legal notice of demand or file criminal case on them ? Pls advise.
Asked 4 years ago in Criminal Law
Religion: Hindu
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5 Answers
- If she is having proof of payment , then legally she can recover the entire amount after filing a recovery suit before the court.
- Further she can also lodge a complaint against them before the police , higher official and also to the crime branch of Maharashtra.
- However before taking legal action she can also send a legal notice to them , but remember a civil recovery suit limitation period is only three years from the date of agreement if any or the last payment if any.
You can contact me , if further suggestion needed.
Yes you can do the aforesaid If you need any further assistance then you can approach me through kaanoon or LinkedIn.
Dear Client,
In such a case, the aggrieved lady can send a legal notice to the accused demanding the return of such money within a certain period of time. In case of no response, you can file a criminal complaint against the accused under Sections 406 and 421 of the IPC.
However, despite the limitation period of 3 years, as per Section 468 of the Code of Criminal Procedure, being exceeded in order to file such a complaint, the lady may still file a complaint giving focus on the large amount of money that has been duped from her. Section 473 of the Code of Criminal Procedure enables the Court to take cognizance of an offense after the expiry of the period of limitation if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary to do so in the interests of justice.
Thank you.
Your friend has to first issue a legal demand notice and then file a suit for recovery of money provided the suit is not barred by limitation.
