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rahul   01 June 2018

Need help on ni act 138

Sir l have filed a case on basis of friendly loan of rs 280000 in cash l have shown my bank statement of rupees 200000 cash withdrawl .in my cross examination I said I don't t know where accused is reside what he do and information about his family members . As l haven't meet him for. Past 2 years so l said this can you tell whether l will recover my hard earned money or not ....



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 3 Replies

Raghav Arora   01 June 2018

Hi! Thanks for the question! Firstly, this is a big risk you have taken here and I'd advise you to not to extend loans in cash ever. Secondly, in this case the recovery of loan would highly depend upon how you convince the court and in absence of his personal information and any written document or pronote it will be very difficult enforcing the liability on the person without any solid proof. For that you will need evidence and the best bet here would be to contact him through social media or his friends somehow and then get him to admit about the money that he had received from you as debt in letter or in any other written form. You may even have to furnish the source of you income under Section 138 of NIA. Good Luck!

rahul   01 June 2018

I have given money from bank withdrawal of 2 lakh and 80000 from savings and also said l know him as he was my brother known

rahul   01 June 2018

I have given money from bank withdrawal of 2 lakh and 80000 from savings and also said l know him as he was my brother known

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