Cheating money
shuvendu
(Querist) 03 December 2012
This query is : Resolved
Sir
I am shuvendu mallick from odisha need some advice about my problem.I have given my friend 20lacINR as lending with interest @ 4 % by keeping 2 Rs 100 blank agreement papers on which he has signed and 2 axis bank priority account cheque of him.Sir he has taken it saying that he will start a import /export business at port and will make me a partner of it.He has taken it as deposit money towards the contract with the port.He that time promised me that he will repay with in one month,but till date he has not returned me.and also playing with me.I have given him it on 02.01.2012.it is almost one year i haven't got a single pie.
So what should i do now to get my money back?
Many people saying that if u file a case then no doubt he will go to jail but there is no provision in law that you will get your money back.
So plz tell me how can i get my money back.
ajay sethi
(Expert) 03 December 2012
file summary suit for recovery of your money . at same time deposit the cheques and on dishonour file criminal complaint for cheque dishonour
Raj Kumar Makkad
(Expert) 03 December 2012
The procedure told by ajay is proper but first of all you shall have to prepare your accounts vide which you had 20 lakh amount in hand at the time when you paid to the accused person and second thing, you shall have to prepare an agreement on those signed papers to the effect that the accused person is taking that amount to make you partner soon after he gets the contract from Port Trust authorities and in case he fails to do so, he shall return the borrowed amount with interest @4% per month within one month. It means you shall have to properly prepare the agreement so that it may become an evidence. third step should be to write him letter or communicate through mails to return the amount and fourth is confirmation from his side on the another signed paper that he has to pay you the borrowed amount with interest.
After making all such preparation, deposit the cheque in your banker and get it bounced and then issue notice as required under section 138 Ni Act and file the criminal complaint and simultaneously file civil suit for recovery.
Sudhir Kumar, Advocate
(Expert) 03 December 2012
agreed. Whether this much rate of interest allowed if you have money lender license.
shuvendu
(Querist) 04 December 2012
Thanks Sir for the useful advice.As you have said that I have to show that I was having that much of amount with me at that time,I want to say that I have taken 5.5 lac from one person, my own contribution 2 lac and remaining from 7 other people popularly known as village lenders.I don't need interest,they has given it on that % of interest.So they are demanding me and also threatening me to harm me.So if I suit a case then where should I do that?At high court or at district court?Will I get my money back or he will go to jail?
plz let me know sir...
Thanks & Regards
Shuvendu mallick
odisha
Raj Kumar Makkad
(Expert) 04 December 2012
You shall have to file this case at your local court claiming therein that the money was given and agreement had been executed in your city. Sentence of jail is the last resort which shall take a long long time. Civil suit for recovery means you shall get your money back.
shuvendu
(Querist) 09 December 2012
Respected sir...Thanks for the Replies...Sir One thing I want to know.I have all the phone recordings he called me and one of the money lender.In that conversession he has admitted that he has taken that much of amount from us.I have around 50 call recordings that came from his mobile or I called him.So will you please tell me these recordings will be a main proof for this case or not?
Waiting for the reply....
Raj Kumar Makkad
(Expert) 15 December 2012
Recording of calls is a good proof to establish your claim.
Mayank Saxena
(Expert) 16 December 2012
Yes you may contact the lawyer to file the suit of recovery and also complaint u/s 138 N.I.Act as advised by the experts
Sudhir Kumar, Advocate
(Expert) 16 December 2012
Did he induce you to part with the money on the promise of making you a partner?
Would you not have given money had this inducement not been there.
Raj Kumar Makkad
(Expert) 16 December 2012
The plaint is required to be wisefuly prepared containing favouring facts.
V R SHROFF
(Expert) 16 December 2012
It means u did not pay by cheque.
SC believe no one give interest free loan to strangers..
u can't say u chg 4% / or invested in business that does not exist.
u had not signed Partnership to show, u invested for it.
Manipulation of I Tax return for 20L at this stage is not simple.
I hv cases , I can share photo of that cheating couple, who collected over 2 cr from reputable persons and even church, issued cheques 20L , 16L and vanished...
Police are hand in gloves and share the amount, so can't find even after giving all details and photos.
Frankly speaking, u lost ur money for greed to earn Rs. 80,000/- per month .
If u share more information of that person, it shall be mutually beneficial.
In one of my case, similarly, my lady client was cheated by a person for same casue " he will start a import /export business at port and will make me a partner of it.He has taken it as deposit money towards the contract with the port."
He was from south, and whole family act, for a year, get very friendly, helpful, & then cheats app 2 persons with amt of Rs. 5L to 50L each, and run away.
U must use cheque before 31 dec, 12, as New Cheque book for use within 3 months are ordered, and u will not be able to prove that cheque were issued within last 6 months to attract 138.
Cheating case won't pay u bk..
U need proper plan to take appropriate action criminal and or civil ..
Raj Kumar Makkad
(Expert) 16 December 2012
The cases the reference of which Mr. Shroff has given, are happening all over India and every where the list of such cases is increasing so you are required to be very wise in your approach. Engage experienced lawyer as soon as possible and start your action plan.
shuvendu
(Querist) 18 December 2012
Thanks everybody for providing such very very necessary informations to me regarding my case.As shroff sir said I dont have Partnership agreement,its not correct.I am writting below the full drama of him how he came to cheat me below.
shuvendu
(Querist) 18 December 2012
Thanks everybody for providing such very very necessary information to me regarding my case.As shroff sir said I dont have Partnership agreement,its not correct.I am writing below the full drama of him how he came to cheat me below.
shuvendu
(Querist) 18 December 2012
Dear Raj sir here are the details below.Cheaters name is biswal.
Sir 1st of all my dad is a bank employee.His dad also a bank employee in the same nationalized bank in same post in odisha. He is my friend from college days.From one side he is my relative also.My bua is his mami. As for this relations I belived his wordings and promises.So 1st he was dont supply contract works with dhamara port under LnT constructions. He told me you invest in it be a partner with me it will make a 30% profit of your investment with me.then I on august 2010 I gave him 2lacs to invest.He returned me 25000 after 50 days of my investment.After that he told me that I have invested 12 lacs + your 2 lacs total is 14lacs. When next phase of payment receivable date came after 45 days I asked him to return my money due to some need,he told me that company is having some problem so bill is not receivable by me ,you wait Some day I will give.Like this day after day,month after month gone same answer.In between that time on July 2011 he came to me saying that bill is almost cleared .we will be getting our money within 15-20 days.sure.You take cheques of my account and when i say you withdraw your cash.After 2 days again he came to my home saying that his uncle is in LnT in a very high post.He has arranged a life long income for both of us You became a partner of me we will start a port export/import business .At that time he told that there will be investment within 6 lacs as security money.I made a partnership deed with him adding one more friend of me.total 3 partners.In that agreement there is written that all have invested 1 lac each and profit will be distributed according to the investment in present and future investment.Who invest more he get more who invest less he get less. When that import/export of cement project proposal got late for 5-7 days.he told why don't we start a minor business till it starts.So we took distributorship of Mankind FMCG and MVL mobiles.that runned for some time well.after 5-6 days he told that main bill of 14 lacs with profit with late penalty all around 21 lac is in process and will be withdrawn with in 7-8 days.but the port is demanding 7 lacs now as caution money to book the agency on our name only me and you not the third partner.if we fail to pay within tomorrow it will be given to the MLA's brother as he is in the line.So I was not having that much amount my all amount was given to him before 1 year till date I hasn't got a single pie.So I told a person's name who has good contact with local money lenders.We went to him. Biswal convinced him and gave him 2 axis bank priority cheque and he took money from around 5 local money lenders and gave to biswal. When 10 days passed we asked him you have deposited the money at port give us the recipt or any documents,he told they are processing it it will come soon. OK. when I asked about the bill clearance he told again some problem arises we will be getting it soon.Then after 5 -6 days he came to me and said me,I have lost 4 supply challans so our bill is not getting passed.4 challans costs 4 lac.If we pay 4 lac then we will get our money within 2 days.So we have to arrange soon.This time again we went to that person.He again arranged 5 lacs from other 5 persons and gave him.All these was done within October 2011.That was the last transaction.
At conclusion I gave him
2lac+7lac+5lac=14 lacs .
Leave my 2lac. all 12lac has came @ 4% per month from others.They are demanding us.they have not got their interest.from more than one year.In total it has come to around 20lac.
In between all these that distributorship business was demolished within 6 months.All money invested in that has taken by him only.We had a TIN number registered which is active till date.a partnership deed which was registered at the local notary.
Within these months we daily at least make 2 calls to him to return money and record it.He admits that he has taken money from us under what circumstances.He is here at in front of our eye ,he surrendering and saying I have given at port they are not returning.What can I do,My dad will pay.
when I called his father he has given a date 15 Jan 2013 over phone and that is also recorded.
His is the full story.
So sir according to this you please advice me the proper way.
Waiting for your reply eagerly...
Raj Kumar Makkad
(Expert) 19 December 2012
It shall be good if you get the entire money lending with the interest on paper and get the signature of Biswal and his father within the stipulated time. This confirmation in writing shall definitely be helpful for you. It shall be more beneficial if his father takes guarantee in that document to return the money with fixed interest in case Biswal fails to return.
