If you deposited the money to the account of the friend of the person whom you claim to be the actual beneficiary then you can proceed only against the transferee, but to succeed in the court you have to prove that there was an agreement between both of you whereby and whereunder the money was to be repaid to you in entirety or part thereof, failing which it will be futile to go to court. The actual legal expense may be more than the amount you intend to recover.
Money loaned to an online friend, not being refunded
Dear Sir, I made a guy friend online, and I have met him too, outside and at his office. He asked me for financial help once since he lost his wallet during an office tour, and I gave him Rs.27,000. Now, he is constantly delaying returning it, I think he does not intend to refund it. The money was deposited by me in cash, to his friend's bank account. Do I have a legal recourse against him? I have his office contact details, his rented home address in Mumbai, his pictures, an image of the cheque book of the man in whose account i deposited the cash, cash deposit receipts, and the watsapp conversation where he asked for money, and I have asked for return twice. I feel betrayed by a friend, please help me. Regards, Ms. Sharma
Asked 8 years ago in Criminal Law
Religion: Hindu
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2 Answers
First of all with the help of the details you have stated you can issue a legal demand notice to your friend demanding him to return the amount he borrowed by the mentioned transaction.
You may also address his friend as 2nd party in the legal notice.
To the second party, you may instruct him to advise his friend to return the money to you or else he too shall be impleaded as a party to the proposed litigation to be initiated against his friend.
You may send this notice under registered post to his office address as well as to his home address, secure the acknowledgement card safely.
If the friend is not responding or complying with your demand, you may file a money recovery suit against him making his friend as a second defendant.
You may even lodge a criminal complaint against both for the offences of cheating.
