i lend money to my brother in law's brother i lend money to my brother in law's brother

2 years ago

1. I lend money to my brother in law's brother when ever he ask I keep on sending the amount he wants and he told me to repay every thing when he gets the loan. I keep on asking the money (6L) from the past 2 months can I file a complaint against him?
2. if i file an FIR again him does police takes an action against him cause he lives in another state
3. i don't think he doesn't have any properties or money does police recovery my money from him (i have proofs)

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.You can file FIR for breach of trust, cheating but police will not take it.

other state is big problem for you.

if he doesnt have property or money then from where the police or court will recover ?
but still file recovery suit.
involve brother in law also in case.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.आप अपने जीजा के विरुद्ध सिविल अदालत मे पैसे की वसूली के लिये केस दर्ज कर सकते हैं।
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

View All Answers
A.Hi,
You case is of civil nature, sustaining criminal compliant would be difficult. File a recovery suit with the civil court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You can file a criminal complaint for breach of trust, cheating, and if you have proofs then you may be able to sustain it. It would be better to file a recovery suit in the civil court in order to recover the money. Your transaction appears to be civil one. Sustaining a criminal compliant would be difficult, better to go for recovery suit.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

SONALI PRASAD

Responded 2 years ago

A.It is a civil case, You can a case of breach of trust. As i found it was a civil transaction , bur if you want to continue in criminal matter you can file the case , on matter of cheatting, fraud ,and common intention to cause you harm
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.You case is of civil nature. Lending money or non payment of loan is not a criminal wrong. So no FIR is tenable.
1. File suit for recovery. No case of filing of criminal case is made out. It was civil transaction.
2. No police case is made out.
3. File suit for recovery.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sanjay Kumar Jha

Responded 2 years ago

A.Dear sir,
You can file FIR, but it will criminal case as for cheating, fraud, and if you have proof of payments then can sustain.
Otherwise you may file a case money suit at civil court.
Better to short out with family sitting for such issue.
In last options, file a complaint case at court u/ s 415, 420, 467, 468, 34 of IPC. Court will take cognizance and he would have to face criminal case which mount him for pay to you.
Thanks
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

View All Answers
A.Dear Sir,
Nicely take at least post dated cheque.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Tanmoy Chattopadhyay

Responded 2 years ago

A.There are two alternate but not mutually exclusive remedies at your disposal. First you may file a case of cheating and criminal breach of trust against the accused and may get the accused punished for the crime they committed. But in this case the police may or may not make any recovery since the money cannot be identified.

Second is file a money suit in which case the court will recover all the money due from him and in case he fails to pay that his property will be auctioned to recover the money or he may even be sent to civil prison if he is not paying the money.

If you are in west bengal or delhi then I can take up your case.

#Criminal
#freeLegalAdviceOnCriminal
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconI want to file case against my boyfriend
Dear Client, You can file a case under sec 376 of IPC for sexual harassment along with sec 375 and 416 and 420 for cheating. Additionally you can also file a case under sec 305 and 306 for abetment t...
question iconFree lawyer for fight the case
Dear Client, Every person who has to file or defend a case shall be entitled to free legal services under Section 12 of the Legal Services Authority Act, 1987 if the person meets the criteria as outli...
question icon376 2(n) service report of notice
Dear Client, It depends on what service report it is and what kind of case the court is handling. a service report is usually provided when it is summoned by the court. the court can not send any kin...
question iconAbout marriage case
Dear Client, The Police do not have an authority to cancel the marriage by written statements or otherwise. If your marriage is legally registered and your spouse is willing to stay with you on the su...
question iconWidow Harassment Money Extortion, Deprivation of Right to Life , Discrimination
Dear Client, Being a 52-year-old standalone widow, it is a very difficult task for you to tackle the issue with this kind of goons and anti-social elements. Once you make a complaint against them to t...