Loan given to friend not returning
In the financial year 2008-09 I had given rs.2 lakh to my friend so that he can live. He promised me that he will return the amount within 3 days when ever I ask. But he failed and on humanitarian ground I told him to return it slowly. There is no promisory note or any written document. Then when I demanded it loudly his wife took the responsibility of returning it by 2012. But by 2012 she returned Rs.1 lakh and promised via sms that she will return it by end of 2013. Now they all have shifted to some where else and not answering my email reminders or sms. Learned from their parents that they have changed their number and also told that she is not ready to pay any more. Now I want to go legally to recover the money. I have a blank cheque given by the friend which I will drop to realise the amount. Also I have emails where I asked when he will return my Rs.1.5 lakh(before that paid Rs.50000) on that he replied by 2012. Also I had issued receipt for the amount of 1 lakh that hi wife given. In that receipt I clearly mentioned how much he had taken, how much I have received and how much still to pay. Plus I have some sms. I am sure that the cheque will bounce. Will I able to file a criminal case against both of them or only against my friend? Will the sms and the receipt that I have issued will be accepted as how much I had given and how much id due? Also to note that they have changed their number. Please suggest.
Asked in Criminal Law from Kolkata, West Bengal
Dear Mr. Sudipto
This has reference to your enquiry posted in kaanoon.com.
Regarding your matter of loan to your friend, you can use the cheque in order to recover the money.
Regarding utilisation of the loan repayment receipt and emails, the verification of the documents are required.
You can file a private complaint in the court based on the evidences you have like sms, emails etc against your friend. However, prior to that serve a notice to him mentioning the entire history, and give a copy of the same to the police and seek acknowledgment; thereafter which you may file complaint.
Since there is no promissory note to manifest that the loan was advanced by you the only ray of light for you is the messages and e-mails sent by your friend. You may file a case on the basis of these evidences and then endevaour to prove his liability.