Is criminal complaint maintainable?

I will contact a local lawyer if it makes sense but I am looking for knowledge as to under what section(s) we can do this and how can we avoid the police stating that this is not a criminal case etc? just a high level understanding so that I can approach the right people...

Dear friend,

                   You have not stated in your coloumn that how much money ha has borrowerd, within how many months he was supposed to repay the said amount, whether is there any mention in your said note book regarding depositing his driving liscence so as to secure the repayment of the said amount by him, whether the said note book bears his signature under the writing, whether his driving liscence is still kept with you and for how many days he has come to work after he borrowed money from you. Analysis of the above circumstances are required for the purpose of deciding under which sections the case has to be instituted. If the above circumstances primarily discloses the fact that there was in ducement in taking the money from you or there was no inducement in taking the money but later on under any circumstances he has misappropriated the same then the case has to be initiated U /S 420 AND 406 respectively. However in my opinion you are still in a position  to initiate legal proceeding against him U/S 420 / 406 I.P.C. where it is doubtful what offence has been commited by him.

Dear friend,

                   You have not stated in your coloumn that how much money ha has borrowerd, within how many months he was supposed to repay the said amount, whether is there any mention in your said note book regarding depositing his driving liscence so as to secure the repayment of the said amount by him, whether the said note book bears his signature under the writing, whether his driving liscence is still kept with you and for how many days he has come to work after he borrowed money from you. Analysis of the above circumstances are required for the purpose of deciding under which sections the case has to be instituted. If the above circumstances primarily discloses the fact that there was in ducement in taking the money from you or there was no inducement in taking the money but later on under any circumstances he has misappropriated the same then the case has to be initiated U /S 420 AND 406 respectively. However in my opinion you are still in a position  to initiate legal proceeding against him U/S 420 / 406 I.P.C. where it is doubtful what offence has been commited by him.

Dear Subhajit,

Thanks for the reply. He took Rs.20K stating that he would pay 3000 every month from his salary but he would always beg not to deduct it from his salary stating that we can do so the next month. He worked only for @2 months and said that he would pay and leave the job and we said yes.. but then a week later he took time of two months to replay it and left the job.

Yes the driver license is mentioned, bears his signature along with witnesses's signature and he has given in writing at least twice since he took more and more time but never paid a rupee... I generally help people with advances (free of interest) but this one really makes me very upset since he is literally trying to cheat me even though I was only trying to help him at his request. I paid him thru checque which he collected at the bank...

Hope the above information gives you enough to provide your expert opinion.

Thx

Raj

Dear friend,

In that case you are in a position to lodge a complaint with the police against him. It seems to be an offence commited by him punishable under section 406 I.P.C.