Chaeting by taking money and depositing the same in my account
sunderam s
(Querist) 21 August 2012
This query is : Resolved
Dear Friends,
Brother in law has requested severally and i gave money depositing in his account and his wife account.after repeatedly requst, i anticipate that,he has given my money to my father in law and father in law deposited in my joint account of me and my wife.
Now, he has made startegy to implicate me and my family mamber making cokked theory that, he ( father in law) deposited the above money in my joint saving account due to demanding of dowery from his daughter. please note i personally already given him an amount by caheque in the year 2006 and i realised that he has refunded that money including interest.
i wrote a latter to him that you have deposited the money in my account against my legitmate dues as given you in the year 2006 remaining amount of interest is to be paid as early as possible but he has not given any reply till now.
my qureie :
1. i can take the action against my Father in law for cheating under section 420 of IPC ?
2. i can take action to quash the case 498a on the basis that theory of case is absolutelly false ?
3. i can take the action against brother in law to pay my money as he is saying that amount as deposited by father in law was given by me to his account to deposit in my account. as i seemed that they all made strategy to implicate me for such transaction linking to dowery case. i can file 420 case on brother in law as i have recoding in phone that, he absolutely said that he deposited money in father in law to deposit in my account. i can file money suit on brother in law to pay money directly to my account. now brother in law is changing his statement and saying that money is laready paid to my wife and i have to take confirmation from her. i am saying that money has given by me and you have to give me nor to my wife. if you paid than what is evidence.
my friends read the above and advice what to do.
ajay sethi
(Expert) 21 August 2012
1)if money has been advanced by you to brother in law by cheque did you obbtain letter from brother in law that money would be refunded with interest within ______period .
2)if brother in law failed to pay money within 3 years did you address any letter for return of laon amount ?
3)was any reply given by brother in law .
4)as on date your civl clam against brother in law is barred by limitation .
5)your case is that brother in law depsoited money with father in law who in turn deposited money in your joint account .
6)no case of cheating is made out against father in law . similarly quashing of 498 a may not be possible as it would be difficult to prove chain of events .
7)you say you have phone recordings wherein your brother in law admits that he has given money to father in law .
even if he has done so no case of cheating is made out against borther in law . you ought to have taken recovery proceedings aginst brother in law by 2009 . if however your brother in law has acknowledged his liabilty or made part payments then you may be able to file case
Sudhir Kumar, Advocate
(Expert) 01 September 2012
My dear please avoid repeated query. Advise given to you will be slplit. You have thread at
http://www.lawyersclubindia.com/experts/Chaeting-by-taking-money-and-depositing-the-same-in-my-account-332411.asp
http://www.lawyersclubindia.com/experts/Anticipatory-bail-332276.asp
http://www.lawyersclubindia.com/experts/498a-333951.asp
More threads you open more are the chances of your opposite party getting information of what you plan
