Money issue
Dhritiman Sarma
(Querist) 16 October 2013
This query is : Resolved
Hello, I am a student and I had to collect an amount from one of the offices I was working with bur I had to leave the state and get back home which is about 3000 KM from there. The money was paid in cash and therefore I couldn't collect it. I asked a friend to collect the money for me and he did. But he always seemed to find an excuse to not deposit it into my account. Finally one day he said he deposited the amount to my account but it was not deposited. I asked him to snap the deposit receipt and mail but but he didn't. So I called him again like at least 20 times but he didn't pick up. Then I texted him to pick up and when I called him again, he blocked my number. The next day I called him from my fathers number and he said that he deposited the money and he swore. I asked him to go to bank and solve this out. He said he would call me back but no call thereafter. I texted thousands of times and no response. Never picked my calls either. I texted him and threatened him to go to police thinking that this would scare him off, but he didn't reply. I have my bank statement that says he didn't deposit the money and I have his texts and voice calls which I recorded saying that he deposited my money double confirming the account number and the Name.
Please advice me what to do here.
The money not a huge amount but enough for a student.
I posted this question in Student section previously as I was not sure where to post it and because of my internet error, it got posted multiple times. I got numerous replies in those 3 posts saying that this is a repeated query, but no one cared to actually answer the Query. unfortunately "repeated query" wasn't my answer and hence i had to post it again in here. I hope this time it will be solved. Thank you in advanced.
Devajyoti Barman
(Expert) 16 October 2013
You have done great mistake for which I regret you have no option but to pay.
The case of cheating against your friend has no merit.
You better arrange for money to pay it to your employer.
Adv. Chandrasekhar
(Expert) 17 October 2013
The legal remedy is to file a suit for recovery of money. If you have sufficient evidence, then only you win and after getting the money decree, again you have to file execution case. so, compare the expenses you have to put in purusing these cases and the money involved and take a wise decision.
Rajendra K Goyal
(Expert) 17 October 2013
You can file a suit for recovery of your money. You may have to visit that place one or more time during the pendency of the suit and this would be difficult to prove your claim in the court when you are not stationed at that place. Even you get a decree it would be a difficult task to get it executed. Advocate fee, Stamp fee time and cost should be compared before filing of the suit.
Dhritiman Sarma
(Querist) 18 October 2013
Thank you. I guess that answers my question. I would also Like to know if there is anything I can do in the meanwhile before I travel there. The amount is not that huge. I was wondering if I can maybe file a police complaint or register an FIR against this guy in the nearest police station. I am planning on going over there for somewhere about a month. Any help would be appreciated!
prabhakar singh
(Expert) 18 October 2013
From your first post it transpires to me that it was your salary which was collected by your friend for and on behalf of you from your employer and your friend was it's trusty to hand over it to you by depositing
the amount in your bank account under your instructions,and he represented he has deposited but in fact he has not.
HENCE IT IS NOT ONLY A CIVIL CAUSE BUT A CRIMINAL OFFENCE TOO.
THE ACT OF YOUR FRIEND IS A CRIMINAL BREACH OF TRUST AND CHEATING UNDER IPC AND AN FIR CAN BE LODGED FOR HIS PROSECUTION SO THAT HE LEARNS NOT TO CHEAT SOMEONE ELSE IN FUTURE.
THE FIR COULD BE LODGED IN THE JURISDICTION THE CRIME
HAS BEEN COMMITTED THAT IS THE PLACE OF OFFICE WHERE FROM HE COLLECTED THE MONEY OR THE PLACE OF BRANCH OF BANK WHEREIN HE REPRESENTED HE HAS DEPOSITED YOUR MONEY.
Dhritiman Sarma
(Querist) 19 October 2013
Thank you Mr. Prabhakar Singh. Your reply really answered my query. I will be very grateful to you for your kindness to answer when clearly, you didn't need to feel obligated as to do the same.
Rajendra K Goyal
(Expert) 21 October 2013
Criminal complaint can be filed criminal breach of trust and cheating, as advised by the senior expert prabhakar singh ji.
