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BABU (CONSULTANT)     03 March 2025

Money lending issue

Hi All,

During Pandamic time I.e., Corona time I have started money lending business at low interest rate @ Rs 2 . With the Help of my clinic Assistant started lending money to small business people and collect the same on daily basis and hand over the collected amount to next customer, I will be recieving data on day to day Transaction.I have invested more than 5 lakhs in 2 years, but I didnt recieve any returns on hand. In the mean time my clinic Assistant's daughter entered into the business and took care the entire activities. When I was asking her to return back 20 percentage of the Invested amount, that girl started saying reasons like ,the business is growing and dont ask anything now. When ever I ask for the money she was giving some reasons but not returning the money. On this point I realized that I have been cheated.So I asked her to stop the business and handover the money ,otherwise I will take legal action against her.Since all transactions done are through online ,she gave an assurance to return the money before her marriage.Every conversation was through mobile and I have the audio recordings also.I was waiting for two years she didn't return the money.By the time she got married, so without any delay I lodged a complaint in the police station against that girl. The respective Inspector helped me in collecting partial amount on monthly basis, Now she stopped payment and when we are asking for payment she rudely says we can't pay, you do what ever you want, I have a CSR copy with us I want to change the complaint from civil to criminal against that girl, I am a law student and we have young advocate in our family, but we dont know how to change the complaint from civil to criminal.

 

Please through a light on the same.



 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 March 2025

Did you have the "license for lending"?

BABU (CONSULTANT)     03 March 2025

Since it was Rs 2 for every hundred rupees i didnt applied for liscense..

P. Venu (Advocate)     03 March 2025

"...Rs 2 for every hundred ...." per month? That works out to 24% perannum. Most of the States have enacted laws rendering professional money lending unlawful. 


BABU (CONSULTANT)     03 March 2025

Hello Sir, 

My expectation is very simple if it is 24 percentage then only i can afford them say 6% for their work, but i am not expecting any interest for my investment rather than i need my investment balance amount of 2lakhs fifty thousand of my principal amount. What way i can do to convert this civil issue to criminal one.

Thanks

T. Kalaiselvan, Advocate (Advocate)     03 March 2025

If you have already instituted a civil suit your fresh complaint for the same incidents will not be entertained by police at this stage.

You should have pursued the criminal complaint by converting the CSR to FIR which would have fetched you the desired relief at that time itself.

Vishesh K Sapra (Advocate Delhi High Court and Supreme Court)     04 March 2025

Hi, you can escalate your complaint from civil to criminal as the borrower’s actions may amount to cheating (Section 420 IPC), criminal breach of trust (Section 406 IPC), and misappropriation of funds (Section 403 IPC). Since she falsely assured repayment and later refused, it indicates fraudulent intent.

Approach the police station where you filed the initial complaint and submit a written request to reclassify the case as criminal. If the police do not act, file an application under Section 156(3) CrPC before the Magistrate, requesting the court to direct the police to register an FIR.

Ensure you provide audio recordings, transaction records, and CSR copy as evidence. 

For more legal consultation, reach out to adv.vishesh@iCloud.com.


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