Legal Question in Criminal Law in India

Hi,

In the financial year 2008-09 I had given rs.2 lakh to my friend so that he can live. He promised me that he will return the amount within 3 days when ever I ask. But he failed and on humanitarian ground I told him to return it slowly. There is no promisory note or any written document. Then when I demanded it loudly his wife took the responsibility of returning it by 2012. But by 2012 she returned Rs.1 lakh and promised via sms that she will return it by end of 2013. Now they all have shifted to some where else and not answering my email reminders or sms. Learned from their parents that they have changed their number and also told that she is not ready to pay any more. Now I want to go legally to recover the money. I have a blank cheque given by the friend which I will drop to realise the amount. Also I have emails where I asked when he will return my Rs.1.5 lakh(before that paid Rs.50000) on that he replied by 2012. Also I had issued receipt for the amount of 1 lakh that his wife given. In that receipt I clearly mentioned how much he had taken, how much I have received and how much still to pay. Plus I have some sms. I am sure that the cheque will bounce. Will I able to file a criminal case against both of them or only against my friend? Will the sms and the receipt that I have issued will be accepted as how much I had given and how much is due? Also to note that they have changed their number. Please suggest.

what to do.


Asked on 2/04/14, 5:06 am

3 Answers from Attorneys
Shailesh Kumar

Yes, you can file a case against the friend who is refusing you to repay but one thing to be noted that the drafting of your petition should be well and such that can provide relief to you because it is base of institution of a case, the winning and defeating of the case almost depends on such petition. For more query, you may contact with:

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Answered on 2/04/14, 7:06 pm
Sachin Das Pareesseri

Dear client,

At first enquire and ensure the where abouts of your friend, proper address etc. Also try to get the property details of your friend viz. Survey no. Four boundaries etc. Just put the date on cheque and present it on bank. If the cheque is bounced you may issue a lawyer notice and proceed with the case as per the details you had written on the receipt issued by you. Im the complaint you must state that you had gone to your friends home from.there he issued this cheque to you.In order ensure money you are also required to file a civil case in the lines of receipt issued and similar to the complaint to be filed in criminal court. Additionally you are also require to file an I.A to attach the property of your friend. You are required to pay some court feea for filing a civil case, but you can recover almost all expemses via court from your friend.You must entrust the case to an experienced lawyer in civl matters for filing civil case. If you need any clarifications call me on 09387714156 any time. Reasonable professional charges are o be paid for clarifications over phone, by account transfer.

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Answered on 2/05/14, 11:48 am
Sachin Das Pareesseri

Dear client,

At first enquire and ensure the where abouts of your friend, proper address etc. Also try to get the property details of your friend viz. Survey no. Four boundaries etc. Just put the date on cheque and present it on bank. If the cheque is bounced you may issue a lawyer notice and proceed with the case as per the details you had written on the receipt issued by you. Im the complaint you must state that you had gone to your friends home fro all expemses via court from your friend.You must entrust the case to an experienced lawyer in civl matters for filing civil case. If you need any clarifications call me on 09387714156 any time. Reasonable professional charges are to be paid for clarifications over phone, by account transfer.

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Answered on 2/05/14, 11:51 am


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