Loan not returned and fraud
FM
(Querist) 01 October 2012
This query is : Resolved
Money is lent to Person X who is my relative in good faith. There is no contract, but transfer is via cheque and it is all 100% "white" money (documented income, tax paid). That money is not returned. So this looks like a civil dispute to begin with.
I asked Person X to return it verbally. He filed a criminal case against me saying I defrauded them using false promises and took an amount in cash from them matching the one they owe me. They have attached statements showing withdrawals in cash to themselves as so-called proof of this transfer. I was arrested and later released on bail.
I sent Person X a legal notice asking for return of my money. In response, they now say money has been returned. They don't mention the false case they filed against me. They have fabricated additional false evidence showing money was returned to me in the presence of some witness. This fabricated document has X's signature, some witness's signature, but my signature is left blank. They say I refused to sign and acknowledge the return. They have also manipulated their company's books to create some record of this cash transaction.
The cheating case they filed against me doesn't talk of the transfer from my side, only that I defrauded them to part with cash. Their later response to the legal notice doesn't talk about the cheating case, only that the cash was their so-called return. Thus, they are taking multiple defences for the same amount.
Obviously, I didn't get any of this money back, and neither did I have any reason to request money in cash. The amount is also several lakhs - much in excess of the IT limit of Rs.20,000.
Can I file any criminal case against them besides the civil recovery case (which I haven't yet filed)?
ajay sethi
(Expert) 01 October 2012
file summary suit for recovery of outstanding dues . contact a local lawyer . necessary to see papers to advise further
FM
(Querist) 01 October 2012
Please advise if a criminal case can also stand.
ajay sethi
(Expert) 01 October 2012
file criminal complaint for cheating , criminal breach of trsut . as mentioned earlier necessary to see the papers
V R SHROFF
(Expert) 01 October 2012
It amount to Criminal breach of trust and cheating. You can file criminal compl as well as civil suit to recover ur amt + damages, loss of interest & business loss etc
