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Chowdary (rrrr)     06 March 2014

Hand loan to friend

Hi

Working in Banglore but native is Andhra pradesh.I have given 2lakhs Hand loan to one of my friend. and only proof i have is Bank statement (Bank Transaction).and he was saying t ome since last 1 year...will pay next week and some stories.

can i file criminal case such as cheating or something against him? (Because i trusted him a lot and given the money when he was in problems and now he is very wealthy but doesn't want to pay my money back even after a 1 year).

 

please suggest me......



Learning

 4 Replies

rajendra (na)     07 March 2014

You can't file a criminal case on your friend.Please follow the below procedure 

1.Contact Advocate and req him to send legal notice to your friend regarding 2 lacs 

once you get reply file this in city civil court(Mayo Hall court or city civil court,Bangalore)

You need to take a DD for 2lac amount and that is nearly 15-16k in the name Registrar,City civil court,Bangalore...

If you need Advocate for this case please contact Suresh @ 9341231835

Even My civil case is running in Bangalore Mayo Hall court with the same Advocate...

T. Kalaiselvan, Advocate (Advocate)     07 March 2014

It is better you lodge a complaint for cheating against your friend by producing the copies containing the transaction details and expedite the action through police, which will bring him to negotiation table and then you can recover the money, if not you can issue a lawyer's notice and file a civil suit for recovery of money.

Advocate Ravinder (Advocate/Attorney)     09 March 2014

In my opinion this a weak case.  By mere Bank statement you cannot claim amount from him nor you can file criminal case against him.  His defense will be that you have taken a hand loan from him, and in return to that you have paid the above 2 lakhs to him.  Apart from bank statement, there should be some covering letter that the money has been given as a hand loan.

As a chance case try the advises of the above experts.

Sudhir Kumar, Advocate (Advocate)     12 July 2014

money given to fridns and relatives without security is only a charity and not intended to be returned.


Based n given facts no criminal case is made out. 


You can file civil suit by paying good amount of court fee and then keep waiting for years to see that summon is received by him.

Provided you have proof of paying it as loan (not as charity, refund etc).


You have to waste some more time to see that your case gets time barred and then no cour will entertain even your civil suit.



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