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optimusprime (private)     16 January 2015

Cheating case for rtgs transfer

My Friend took a loan from his relative for Rs. 3 Lakhs. Due to urgency, he gave my account details and the amount was transferred to my account thru RTGS. Without my knowledge, he had given my cheques to the relative amounting to Rs. 1 lakh. After some time, my friend and his relative got into misunderstandings and he refused to pay back the money. 

After this, his relative filed a private case against me under section 420 for cheating. Please note that there is NO cheque bounce case (section 138). He is accusing that I have taken the money from him and when he asked the money back I have told him that I took the money with the intention of cheating him. None of it is true.

There is no document between me and my friend's relative for the loan transaction. He has made his family as witness that I told him that I want to cheat him.

Please advise.



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     16 January 2015

good case for quash.

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     16 January 2015

Dear,

 

Let them prove that you have taken the money with the intention to cheat and not to return the same, why are you not taking your friend's help is disproving their claim ..

 

Kapil Chandna Adv

9899011450

optimusprime (private)     21 January 2015

Thanks for the responses.

@Kapil: My friend is absconding and he wouldn't help because he doesn't want to repay that loan.


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