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Raj Sinha   29 March 2018

Friend not returning money lended to him

I gave 2 lacs to a friend who wanted money for personal issue. I did bank transfer. Now when I asking for money that friend is refusing to give the money and told me that he gave me cash loan. And I had returned the money to him via bank transfer so he is not liable to pay anything. He is completely lying. I have the evidence of bank transfer. Can I file a case of 420 against him as he has betrayed and now not returning my money.


Learning

 7 Replies

R.Ramachandran (Advocate)     29 March 2018

Just because you gave it through bank transfer alone will not be good enough to prove that he owes the money to you.

Have you got any promissory note from him?  I think you don't.

Therefore, it is very very difficult for you to recover the money from him through legal process.    

 

 

 

Raj Sinha   29 March 2018

Hello Mr Ramchandran,

I have whatsapp chat with my friend where I asked him whether he wants 2 lacs or 2.5 lacs and he said "2 lacs". And after that he also replied that I want I can give 3 lacs as well. So can I use it as an evidence in the court?

jyotirmaya behera (advocate)     29 March 2018

Yes you use that as evidence but you have to need a certificate from proper authority that it is a electronic record as per U/s 65 (A) & (B) of the evidence Act.
 

Jyotirmaya Prasad Behera

Advocate,Orissa High Court

9132319262

Raj Sinha   30 March 2018

Hello Mr Behara,

Please suggest from where I can get it. Can I get it from the forensics or is there any other government agency that can certify it?

KISHAN DUTT KALASKAR (Advocate)     30 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert

Sudhir Kumar, Advocate (Advocate)     01 April 2018

not much complication in the case. Youare least likely to get the money

 

I explain as under

Sudhir Kumar, Advocate (Advocate)     01 April 2018

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.

 

Such loan is taken by a person:-

 

  1. Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.

 

  1. who cannot raise bank loan because :-

 

Either

he himself is not creditworthy

 

Or

 the purpose for which he seeks loan is illegal

 

or

the purpose for which he seeks loan is not at all commercially viable.

 

  1.  Who knows he can afford not to refund.
  2. Who trusts his thick skin
  3. Who intends not to refund
  4. Who has made fortification against action of refund.

 

So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)

 

Such loans are given by the persons :-

 

  1. Who has surplus money.
  2. Who displays and boasts of such surplus money.
  3. Who stupidly believe that there will be a refund.
  4. Fails to realise as to why he alone (not bank) is being contacted for loan.
  5. Who has extreme trust on the debtor
  6. who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.

 

Such loans are always given

 

  1. Without documentation.
  2. Without witness
  3. Without guarantor.
  4. During cordial relations

 

Soon after giving such loan :-

 

  1. Relations are no more remain cordial
  2. Business started by such money  (easy money belonging to other) invariably fails.
  3. Such loans always sink and not refunded.
  4. Person seeking such refund suffers at legal process.
  5. Person seeking such refund legally or by persualtion is socially criticised.

 

 

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