sunny sharma (engineer) 16 February 2014

Friend not returning money and is not responding

One of my wife's college friend asked for money while buying his house. we helped him with 1.7lacs rupees (online transfer). he promised to return it withing week or so verbally. but then he started saying that he could not get loan approved etc. after a month, he gave a cheque of rs 50k from his parent's account which was cashed by us. after a lot of folow ups, he gave a cheque of balance 1.2lacs and asked us to deposit it after 30th january. we deposited it on 31st january. however the cheque was dishonored by bank as the payer has stopped the cheque payment. then he agreed to transfer the money online and even transferred 500. since then, he is not responding to our mails, his phone os off and there is no way to reach him. now the things that we have on sms:

1. sms from him that he is aranging the money and will transfer as soon as possible.

2. his friend from whom he was expecting money is not responding and that is why he is unable to pay back.

3. his confirmation to deposit cheque after 30th january.

4. his loan not getting approved.

5. we asked him to pay money in parts so that he doesnt feel burden of paying the whole amount at once.

we also have dishonored cheque with us along with memo from bank for the reason the cheque was dishonored.

what are the ways to get the money back legally or through pursuading him? his office is in the same campus as wife's. we roughly know the place where he bought the flat as he discussed about the money he spent in renovation etc. i was planning to meet him 1st at his office if possible. if he try to avoid meeting us there, then what? search for his home or ask police or lawyer to help us?

Please advice as we are in urgent need of the money.

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8 Replies

praveen goud (Advocate) 16 February 2014

Hi Sunny ,

As i have read your quiry relating to your money recovery from your friend

first of all without taking any document evidence you have tranfer the money with good relation which you in between as he orally commitment of returns.After your follows ups he gave Rs.50,000/- and again frequent follow ups he gave you cheque of Rs. 1.2lac but it was dishonored. And now he is not responding to u.

1. once you received the cheque when you have deposited in bank and when it was dishonored once cheque is dishonored you have to send the legal notice through a advocate to him within 30days from the cheque bounce date.

2. if he will not reply to that legal notice withing 15days then you can file a case in the court of the law. under the NI act.

3. Legally you can recover your money.

Regards

praveen

Advocate.

BHUWAN RAJ 09839268489 (lawyer) 17 February 2014

file a complaint under section 156(3) Cr.P.c. in the concerned court for registering a case under section 406 and 420 I.P.C. against the man who is cheating you in not returning your money. 406 IPC is Criminal breach of trust and 420 IPC is cheating.

BHUWAN RAJ 09839268489 (lawyer) 17 February 2014

and you can also file a complaint under section 138 Negotiable Instruments Act for the cheque bouncing case as well.

Regards

Bhuwan raj.

Sudhir Kumar, Advocate (Advocate) 11 June 2014

whether the chque is still valid (within 6 mnths)

PATHAR-VINE (MANAGER) 30 June 2014

The same is the case with me . amount involved is Rs 330000 . Accused not responding to court summons and warrant yet . Our system also slow !!!!

PATHAR-VINE (MANAGER) 30 June 2014

Irony of the case that now lawyer has declined to further continue . So it is probably left to me to go ahead !!!!

Sudhir Kumar, Advocate (Advocate) 30 June 2014

money given to friends and relatives is actually a charity in the garb of loan.

never give money to friend or relative if you also want it back.

PATHAR-VINE (MANAGER) 01 July 2014

Honourable Sir This is to request to have your help in a cheque bouncing case under Sec 138 . The problem I am facing is that the the accused residing at Chinchwad was avoiding Summons to be hand-served by Honourable Chinchwad Police Station by some or other means which issued by Honourable Kalyan Court . Somehow the summons was served by Courier by our advocate and the Honourable Kalyan court issued BW against accused - the service of same by Honourable court to Honourable Chinchwad Police Station. We are still awaiting Report from Honourable Chinchwad Police Station to the Kalyan Court . The accused remains absent from home in day time is that we are aware of but still reside in same area . On searching Court Site on internet I found 2 more cases against the accused at Honourable Chinchwad Court in a cheque bouncing case under Sec 138 . I expect that that the accused should be further tried by clubbing all this cheque bouncing case under Sec 138 and guilty be brought to Law of Court . I have regrets to say that the accused was my colleague in Engg studies in Year 1990's . We came to know each other in Year 2011 and was hence unaware of in-between history of my ( Industrialist ) colleague of money cheating . Based on our earlier friendship faith I lended INR 330000 . The accused had asked money to pay urgent govt tax money she being in some Business problems .