Investment Agreement Over Email to gain others Finance
2 years ago
Hi Team, I made a Lending Agreement with a Person [Educated from IIM], over email, where we signed it using Photograph of Our Signature [PDF Agreement]. As per the agreement, he is supposed to give a fixed interest till I asked for my principal back. The total Lending Amount is more than 35L. Also I have records of multiple emails and Bank transactions records. My question is, if he creates a problem while giving the Principal Back, what are my options. Does it fall under Section 420, IPC, where Perpetuator falsifies on a Written Agreement to gain somebody`s finance? Please Advice. With Good Advice, I will go ahead with a consultation call as well. Also at what city, I will file the case if needed, at victim`s city or the Perpetuator`s city? Thanks in Advance. Place: Ahmedabad.
Vaidehi Samant
Responded 2 years ago
Thank you.
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First find out whether you are doing legal business by taking money lending licenses or other required licenses as may be prescribed by State Government and RBI. Further, it is better to take blank signed cheques to secure return of your principal amount and interest thereon.
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An Agreement is a promise between two entities creating mutual obligations by law. Contracts executed through electronic methods, such as WhatsApp, SMS, or email are valid and binding in India, as long as such contracts fulfil the requirements under the Indian Contract Act. In this case, the mails can be proved in the court of law. You can also pursue a criminal case if so is required.
Thank you!
It will be abit difficult but not impossible to prove that in the court of law and a good lawyer can do so easily.
Yes in case of something going wrong you can file criminal case too.