• Question regarding money borrowed in US Dollars outside India

Hello Sir,
       I am working for an IT firm and I am currently in United States for an onsite assignment. Last year one of my colleague borrowed $3000 from me stating he is having some medical emergency in his family. He was saying that he will repay the amount by end of 2015. By November 2015, I came to know that he quit my company and traveled back to India. I contacted him on his personal email id and after couple of emails he responded that he agrees that he still owe me the amount and need more time to repay it. Then i asked him to give me a date when he can repay it and he has not answered it. I have sent more than 10 emails after that and he has not responded to any of those emails. He is currently in working for some company in Chennai, However i do not have a phone number to reach him out
    I have the following questions
    1) Can I file a Cheating case against him even though the transaction happend outside India?
    2) Will Bank transaction statements and email statements accepted as valid proof in court?
    3) Will I get any help from Police CyberCell to trace him out  and get more details about him?

Any help regarding this will be greatly appreciated.
Asked 8 months ago in Civil Law from United States
1) emails are admissible in evidence 

2) you can rely upon bank statements to prove transfer of funds to his account 

3) you can file suit to recover money in India 

4) for fling cheating case you will have to cime down to India for filing case 

5) you have to engage detective agency to trace his whereabouts 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
Hi, you can file a suit for recovery of money against him and also file Cheating case in US only as the transaction taken place in US.

2. Bank Transaction and email communication are valid proof in the court, The Court relies on the same.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) Can I file a Cheating case against him even though the transaction happend outside India?

you can file case for  Dishonest misappropriation of property, under section 403 IPC. his admission towards borrowing of money is relevant under section 18 of evidence act. 

2) Will Bank transaction statements and email statements accepted as valid proof in court?

all these evidence are relevant and admissible in court. it constitutes cause of action and establishes  prima facie case that offence of Dishonest misappropriation of property has been committed. 

3) Will I get any help from Police CyberCell to trace him out  and get more details about him?

you can file case in your district and give his last known address for service of summon and warrant. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
1. A cheating case is not made out. The only remedy is to file a lawsuit for recovery in India. If the amount were to be spend in India (which you will have to prove) or the borrower is resident of India then the Indian courts have the jurisdiction to hear the case.

2. Emails and bank statements are used in evidence.

3. Unless criminal proceedings are launched against him or there is an order of the court cyber cell will not trace him out.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
1. You can certainly file a cheating case against him though the cause of action took place out side of India if both f you carry Indian passport,

2. Yes, the bank transaction statements are valid evidence of your claim of having paid him the said amount,

3. You shall have to file a police complaint against his ncheating you giving his last known address and police should find him out. If police refuses to act, file a writ Petition against police for its inaction seeking relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) Can I file a Cheating case against him even though the transaction happend outside India?

If you have evidences for having lent the money to him, you first issue a legal demand notice to him mentioning that he has borrowed the money on so and so date but has not returned the same even after several communications through emails though he has acknowledged the  liability in one of the emails. You can send this notice through a lawyer by registered post, giving him time to comply with the demand made, after which you can lodge a complaint with the police within his jurisdiction. 



    2) Will Bank transaction statements and email statements accepted as valid proof in court?

The bank transaction statement and email correspondences can be held as valid proof.




    3) Will I get any help from Police CyberCell to trace him out  and get more details about him?

This is not a cyber crime, so there is no complaint maintainable with the cyber crime police. 



T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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