Loan through rtgs and cash
3 years ago
I have given some money to my friend through rtgs in his bank account and cash in good faith but now he has changed the city and not updating his new address nor returning my money what legal action should be taken to get back my money
A.Hai,
Yes your money can be recovered.
Send a legal notice to your friend and wait for 15 days for the reply. [Notice should contain information about why the money was given, how it was given and all the other details that you have.]If no/unacceptable reply is received from your friend, go to police station and file a private complaint under criminal breach of trust, cheating and mischief ( u/s - 427 of IPC). Approach the court and you can file both civil and criminal case against him. Make sure you carry the copy of complaints and other details with you. If you find this helpful, please rate us.
Yes your money can be recovered.
Send a legal notice to your friend and wait for 15 days for the reply. [Notice should contain information about why the money was given, how it was given and all the other details that you have.]If no/unacceptable reply is received from your friend, go to police station and file a private complaint under criminal breach of trust, cheating and mischief ( u/s - 427 of IPC). Approach the court and you can file both civil and criminal case against him. Make sure you carry the copy of complaints and other details with you. If you find this helpful, please rate us.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hai,
You can file a money suit under Order 37 of the Civil Procedure Code. If the amount is below ten to fifteen lakhs, file before a civil judge. Most high courts will entertain claims above that amount, though recently the Delhi High Court has altered its pecuniary jurisdiction to only claims above Rs. 2 crores. Kindly verify the pecuniary jurisdiction of the courts in your state, before filing the claim. I would also recommend filing a criminal case under S. 405/406 and S. 420 (Criminal breach of trust and Cheating and dishonestly inducing delivery of property, respectively) as an additional measure. The criminal charges will not stand in trial, but the judge will accept the case, and knowing he is embroiled in a criminal case, will encourage your friend to pay up faster, unless he is a seasoned debt defaulter. If you find this helpful, please rate us.
You can file a money suit under Order 37 of the Civil Procedure Code. If the amount is below ten to fifteen lakhs, file before a civil judge. Most high courts will entertain claims above that amount, though recently the Delhi High Court has altered its pecuniary jurisdiction to only claims above Rs. 2 crores. Kindly verify the pecuniary jurisdiction of the courts in your state, before filing the claim. I would also recommend filing a criminal case under S. 405/406 and S. 420 (Criminal breach of trust and Cheating and dishonestly inducing delivery of property, respectively) as an additional measure. The criminal charges will not stand in trial, but the judge will accept the case, and knowing he is embroiled in a criminal case, will encourage your friend to pay up faster, unless he is a seasoned debt defaulter. If you find this helpful, please rate us.
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