my friend cheated me 11 lakhs
Rajan
(Querist) 06 January 2016
This query is : Resolved
Hello I am from Chennai my friend has factory in Bangalore his native also Bangalore Once he orders CNC Bending machine from Chennai he don't have enough fund so he borrowed 11 lakhs from me and he promised to return in one month for that he provided me karnataka 100 rupees e stamp paper and his current account cheque and for safety I also got promissory note from him now he did not respond to my phone calls if I go to straight he didn't respond how to recover that amount I also have proof that I RTGs transfer from my account to his account
Sudhir Kumar, Advocate
(Expert) 06 January 2016
where is cheating in this case?
it is a simple cae of non-refund of loan.
Sudhir Kumar, Advocate
(Expert) 06 January 2016
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.
you had spare 11 lakh and you gave him.
P. Venu
(Expert) 06 January 2016
You can file civil suit. Alternately, if th cheque is still valid, you can present for payment and if not honoured, you may resort to the provisions under Section 138 NI Act.
Rajendra K Goyal
(Expert) 07 January 2016
If your friend was in a position to refund 11 lacks in a month, he would have refunded.
You have documents with you, can wait for more time and should file cases before expiry of 3 years.
H.M.Patnaik
(Expert) 07 January 2016
Present the available a/c payee cheque in your account within the period of validity and in case of dishonour, you can proceed against him under provisions of N.I.Act without citing it as a friendly borrowing.
The question of regn. under the Moneylender's Act may arise, but seek assistance of a experienced lawyer to present the matter keeping your interest in tact.