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Author Topic: Money borrowed not returned.  (Read 1029 times)

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Offline phirojpathan

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Money borrowed not returned.
« on: July 29, 2016, 10:11:50 AM »
my relative borrowed money from me in Mumbai. The amount was given by cheque.(a Thane city ICICI Bank proof ) He said his daughter will give me money in installments. I got one installment in cheque. But later she denied.
1)can I file a CIVIL case at Thane and a Criminal case (420,406) at Mumbai (different Locations).
2) Also can I involved my relatives Son's name who lives abroad but he assured me the refund of Loan amount.

Offline advkkreddy

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Re: Money borrowed not returned.
« Reply #1 on: July 29, 2016, 07:21:00 PM »
send a legal notice first than file for money suit.
yes you can in the mean time file a police complaint.

If you involve the relative who lives abroad, will only be to the advantage to your borrower, as this will delay the case endlessly.
Champion in law of Torts in India

Offline Sebastian

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Re: Money borrowed not returned.
« Reply #2 on: August 21, 2016, 10:40:35 PM »
You can file the case.

Offline Rihtak

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Re: Money borrowed not returned.
« Reply #3 on: August 26, 2016, 05:43:27 AM »
hi, even i have a similar problem, any lawyer from chennai can help me to recover the money which i lend to my friend.
thanks

Offline advjaibansal

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Re: Money borrowed not returned.
« Reply #4 on: August 29, 2016, 05:34:06 PM »
Dear Sir,

As this is a simple money transaction and there is no criminality involved, you can only file a civil suit for recovery against that person. Please issue a legal notice and if the money is not paid then file a civil suit for recovery. Please remember that there is a limitation of 3 years for filing recovery suit.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline reqhelp

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Re: Money borrowed not returned.
« Reply #5 on: September 02, 2016, 11:11:23 PM »
Hello,
I am also facing the problem of money taken by one of my friend. He has borrowed money from me saying he has fallen into big financial crisis and he has to return money to a third party,...looking at his pleading situation I on trust gave the money directly to the third party by bearer cheque due to urgency.
After few months when I asked him whether it is possible to give the money back, then he showed his true colour  by threatening me on phone, and sometimes not even picking up my calls n switching off his mobile. I asked him money because I saw him spending money on car n giving parties at home. Also I came to know he was involved in B.C. money laundering business where he collects money from people n give on interest who requires the money, in this case he has done fraud with people by not returning back money on maturity.
Please advise whether I can file a police complain for not returning money and threatening on phone., I have the bearer cheque copy taken from bank with the third party signature n mine signature on it. The third party also said that he is fraud.
I want to lodge a FIR..Please advise.

Offline advjaibansal

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Re: Money borrowed not returned.
« Reply #6 on: September 03, 2016, 08:21:17 PM »
Dear Sir,

No FIR can be filed as its simple money transaction where you have loaned the money to your friend. Please file a civil suit for recovery to recover the amount from your friend.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline reqhelp

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Re: Money borrowed not returned.
« Reply #7 on: September 04, 2016, 01:09:02 AM »
Thanks for your reply

I will file a civil suit for recovery, but whether such notices can recover the money. Also, what about he has threatened me and abused me, can these grounds are not enough to file a FIR.

Offline advjaibansal

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Re: Money borrowed not returned.
« Reply #8 on: September 05, 2016, 05:20:18 AM »
Dear sir,

You can certainly file a complaint for threatening you and abusing you with the concerned police station. But this complaint may not help you to recover the amount. It may certainly put pressure on him. If FIR is registered on your complaint then he may also return the money. But if nothing works out then you have to file a civil suit within three years of demand of money.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline reqhelp

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Re: Money borrowed not returned.
« Reply #9 on: September 06, 2016, 11:05:29 AM »
Sir, I had been to police station..they heard my complaints, then immediately they called the person from his home, after putting little pressure on him by the police officers he accepted that he has taken money and gave post dated cheques. Police has not done N.C. and no FIR. As per the person's record he may bounce the cheques since he gave the cheques to get rid of the police at that moment. If the cheques get bounce then what will be the next step, should I again go to police or file a suit in the court.
Need ur advise..

Offline advjaibansal

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Re: Money borrowed not returned.
« Reply #10 on: September 06, 2016, 05:02:27 PM »
Dear Sir,

If the cheques get bounced then you can file a criminal complaint for cheque dishonour under section 138 of Negotiable Instrument Act.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline reqhelp

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Re: Money borrowed not returned.
« Reply #11 on: September 06, 2016, 08:25:16 PM »
Dear Sir,
Do I have to deposit the cheque three times, and then if the cheques get bounced, section 138 gets applied,,what are consequenses of section 138..

Offline advjaibansal

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Re: Money borrowed not returned.
« Reply #12 on: September 07, 2016, 05:07:41 AM »
Dear Sir,

You have to deposit the cheques only once in the bank and once you receive the dishonour notice then file the get the notice issued and upon completion of time file the complaint.

He may be punished if refuse to pay.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline reqhelp

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Re: Money borrowed not returned.
« Reply #13 on: September 08, 2016, 01:23:41 AM »
Thank you Sir for your advices..It is helping me to resolve my case.

God bless you for your services.

 

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