In Jan of 2014, my uncle borrowed 2.5 Lacs from to to pay off the bank loan against his assets. In Apr of 2014 my uncle and his sons approached me for big loan of 6 Lacs, for which I denied, citing the pending old loan. They wanted money desperately to pay off the loan from 3rd party who is charging high interest 3-4% per month, and They started to convince me a lot, to help the relative when they are suffering. I said the loan amount is huge and I don't want to take risk. For which they said that the loan amount is very secure and promised that:
"On demand we will pay the loan with interest. when you demand the loan amount, if we don't have money to repay, we will sell our assets and pay your loan."
- these words created confidence in my mind. I took decision to give loan based on these wordings. Promissory note was executed in 50rs stamp paper, in which these asset agreement wordings are included. I deposited money in uncle's bank account. I have bank counterfoil receipts. Pronote signed by uncle and his 1st son, witnessed by 2nd son
My uncle paid 50,000rs as interest on 21-12-2014. Later, when I asked him to return money over phone and in person, he said that he does not have money, he will pay after he gets money. This went on for several months. So I phoned him again, he said he will pay shortly otherwise he will sell his assets and pay my loan. samething he told again and again, but never sold his asset.
uncle availed 10 Lacs loan against his house on 10-08-2016 from SBI and did not bother to settle the loan, even though he had ample money to pay. This proves that uncle did not have the intention to pay my loan (wilfull defaulter) Since I made continuous demand of money and warned him of legal actions, on 12-Dec-2016, uncle settled his House and land to daughter. Before paying off the bank loan, uncle and his 3 children with malafide intentions, in a view to escape from court attachments and proceedings, in a hurry, gifted the house on loan to daughter. uncle did not make Partition among family members, he purposefully avoided giving property to his both sons because his sons signed in promissory notes and the properties may get attached if I file money suite in future in default of loan repayment. uncle with malafide intentions transferred his properties in the name of daughter who did not sign in the pronote. The settlement deed was executed by uncle and both sons signed as witness showing their participation. Thus this gift settlement was planned by uncle and his three children.
uncle his daughter and his 2 sons – had malafide intentions right from beginning while getting loan from me. They have cheated me well. They gave me false promise to get loan from me. Later, when I demanded to pay the loan amount by selling their assets, they did not fulfill the loan agreement and settled his assets, filed for insolvency, and enjoy physical possession of the gifted properties, postal acknowledgement cards show their physical presence in the house. Daughter live in another city 100kms away.
Now, the uncle, sons and daughter are trying to dispose the properties and make cash, settle in a different place. They have already entered into a unregistered sale agreement for one property. I feel civil suit is not enough to recover my money. If they undergo criminal prosecution, they will definitey come for loan settlement, fearing of jail.
I filed civil money recovery suit after uncle settled the properties.
should I make police complaint or file private complaint in court?
Can I file private complaint in court, against uncle and his 2 sons under section 190 of Cr.P.C?
Based on the above facts, any good chances of winning the case?
where to file? in my city or in uncle city which is 700kms away?
cause of action:
1) pronote was executed in chennai
2) loan amount was transferred from my bank in Chennai to debtor bank in theni
3) debtor settled his properties located in theni to daughter
4) debtor filed insolvency in Theni district court
