Is it possible to file a case in india for money given in abroad..??
2 years ago
I was given loan amount in dollars by a NRI in abroad to my abroad account but after returning to india i repaid the money to his account and also to his frends and family members account in indian rupees..!! Due to some personal vengance he now given an police complaint against me that I cheated the total amount and showing the abroad statement and given a case included my family and relative names and framed as a joint planned cheating case..!! He pursposely bribed the police and does that ..!!
How can i solve this..??
My question is 1)Is it possible to give a case for money given in foreign countries..???
A.Dear Sir
The cause of action arise on Abroad lands etc.. on that ground you can get quash such FIR by approaching High court.
The cause of action arise on Abroad lands etc.. on that ground you can get quash such FIR by approaching High court.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.moreover you file a case on his family and friends whom you transferred in Indian rupees in Indian accounts and him also as you paid to him from India.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.jurisdiction.
loan given abroad to abroad account.
He have to file case in that country first and that country police to take it forward.
loan given abroad to abroad account.
He have to file case in that country first and that country police to take it forward.
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Sidhaarth
Responded 2 years ago
A.Since you are in India hence your friend has filed case in India. If you have repaid the amount be it in dollars or in Indian rupees then there is no reason to be worried. Collect a evidence of deposits and counter the case refutting allegation.
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A.It is very simple for you. When the police comes to you ask the police to file the chargesheet the court. The Police will not be able to do so. See the police has to issue notice to you under Section 41A to come to police station to record the statement for investigation purpose then police will prepare the chargesheet and file the case in the court. While doing so the police will have a very big issue of jurisdiction as to where to file the case as the cause of action arose in a foreign land.
So, relax the police can do nothing for this.
So, relax the police can do nothing for this.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
As per the FEMA rules, an Indian citizens can only borrow money from an NRI in dollars under certain circumstances, and if those circumstances are not fulfilled, it would be illegal and would attract penalty. You have not stated whether you are an NRI yourself or still a permanent Indian Resident. If you are an Indian Resident, then you cannot take loan in dollars at all. Thereby, the case is subjective and depends on lot of facts which is missing. Consult with an advocate for further advice.
If you like my answer, please rate me.
As per the FEMA rules, an Indian citizens can only borrow money from an NRI in dollars under certain circumstances, and if those circumstances are not fulfilled, it would be illegal and would attract penalty. You have not stated whether you are an NRI yourself or still a permanent Indian Resident. If you are an Indian Resident, then you cannot take loan in dollars at all. Thereby, the case is subjective and depends on lot of facts which is missing. Consult with an advocate for further advice.
If you like my answer, please rate me.
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A.Hi,
If you are still an Indian citizen, Resident of India can only borrow money in Indian rupees from NRIs. If t So the transaction if done in dollars, is hit by FEMA regulations. A loan in foreign exchange can also be taken by resident Indians from their close NRI relatives. However, certain conditions are imposed while taking a loan fromclose relatives. The loan amount cannot exceed US$ 2,50,000. The loan taken should be free of interest. The minimum period of repayment should be seven years. The loan should be utilized for borrowers’ personal use.The loan cannot be used to buy immovable property or for investment in shares and debentures or for re-lending.
If you find my answer helpful, please rate me.
If you are still an Indian citizen, Resident of India can only borrow money in Indian rupees from NRIs. If t So the transaction if done in dollars, is hit by FEMA regulations. A loan in foreign exchange can also be taken by resident Indians from their close NRI relatives. However, certain conditions are imposed while taking a loan fromclose relatives. The loan amount cannot exceed US$ 2,50,000. The loan taken should be free of interest. The minimum period of repayment should be seven years. The loan should be utilized for borrowers’ personal use.The loan cannot be used to buy immovable property or for investment in shares and debentures or for re-lending.
If you find my answer helpful, please rate me.
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