Legal Question in Credit and Debt Law in India

sir...

one of my friends demand my account no. of SBI for recive some money . his name is sashikant. and he give my account to his brother ( in relation ) . he rec. aome of 7.5 lakh money in my account and i withdraw and give money to him . and after 1 month i get a call from a person saying return my money which i have deposited in my account ..i have search my frnd and his brother . but his brother was not meet us ...he switch off his mobile and get invisible . again on next day i went to his house and i didnt get him ...tell me what can i do ...

i have ..

written doc with finger print of his mother

and my frnd is ready to say in my faver

and the cash holder ( my frnds brother) is not facing me n my calls


Asked on 2/19/15, 6:21 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

20.02.2015

Dear Sir / Madam,

Although there is a saying in English : "A friend in need, is a friend indeed." there is a paradox to this saying which is more important : "Before lending money to a friend, decide whether you want the friend or the money." If Shashikant literally "demanded" your Bank A/c No. you should have simply replied "Forget it ... just get lost." At least, you ought to have questioned Shashikant : "Why do you need me to give you my Bank A/c No. ? Why don't you give your own Bank A/c No for the transaction, and just in case you do not have a Bank A/c, why don't you open your own Bank A/c No.?" Shashikant's reply would have enabled you to know his motive behind taking your A/c No. Anyway, that's bygone.

Firstly, question the person if he calls you up again to return back his money deposited in your A/c : "Why did you deposit the money to my Bank A/c ? Did I ask you to deposit money to my Bank A/c ? Then on whose instructions have you deposited money to my Bank A/c ?" On his reply, if the person names Shashikant or his brother, tell the person that since you have already handed over the money to Shashikant, the person should directly call up Shashikant or his mother (provide their mobile numbers) for getting the money back, and not to call you up.

If the matter still remains unresolved, lodging an FIR with the local Police (to intervene and settle the case) is advisable and recommended.

Regards,

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Answered on 2/19/15, 7:52 pm


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