Proper remedy
Mumtaz
(Querist) 18 April 2012
This query is : Resolved
Dear Sir,
I gave the friendly loan to one of my friend on interest in the presence of my relatives and one of our common friend who is now in my favor but in this regard, I did not take any cheque or any document from him. He was agreed to return the said amount within 6 months but he assured me that he will pay the interest till then regularly. But he paid the interest of 2 months. when i asked about the interest he told me that his financial condition is not fine but he will return the principal within 8 months. I agreed with the same. when after passing 8 months, I asked about my principal, he denied to return the same and infact he threatened me if I demand for money, he will file a case against me. Now I need your help. please suggest me the appropriate help or remedy. Can i file a criminal case against him. He breach my trust and cheat me.
Raj Kumar Makkad
(Expert) 18 April 2012
You can file a FIR for cheating and there is no other alternate before you in the given facts.
ajay sethi
(Expert) 18 April 2012
you have no documentary evidence of having given laon . no agreement regarding payment of interest . he has not given any acknowledgement in wrting . no suit is maintanable for recovery of said loan
Devajyoti Barman
(Expert) 18 April 2012
You can file both civil case for recovery of money and criminal case for cheating as well.
Verbal agreement is equally recognised in the eye of law.
Shonee Kapoor
(Expert) 18 April 2012
You can file a suit for recovery, if your witness stands with you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 19 April 2012
As advised above, you have both civil as ciminal remedy.
But, in the abasense of any evidence, the statements of witnesses will be the deciding factor.
PARTHA P BORBORA
(Expert) 19 April 2012
when you seek justice you must come with clean hands. How can u charge interest without having any legal authority,? Moreover the loan was given without executing any document. It is very difficult to prove any financial transaction without any document. But u may try your luck by filing a case, there is no bar. Basically it is a civil nature case.
