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rajkumar   04 June 2015

Receiving money in bank account and legal issue

Hello, I run a business and I received money in my Current account from one client and I transferred that money to different accounts. Now, The client come back to me and say that I have cheated him and He have record of the transfer of funds from his account to my proprietership account. He is asking me to refund the money, Actually the transaction purpose cannot be documented properly. If he files a Case or goes to court, He have a record of only sending money from his bank account to my bank account. Whether I am liable for that money if he says that I borrowed that?



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 2 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     05 June 2015

If the other party moves Court, onus is on him to give details as to why he transferred the money to you and why he is seeking refund and prove his points.

 

You have to explain your actions of accepting the sum in your account and utilising the amount by transferring the same to other accounts.

 

The case may drag on for sometime and ultimately settled in favour of the litigant who has better evidence.  It appears that the other party has a good case to prove why he has given the money. In case you say that he borrowed and now repaid, you have to prove having given the money.

 

Therefore, come out with the reality and settle down amicably without going to Court. If you have unduly received the money, you have to refund it.

SAINATH DEVALLA (LEGAL CONSULTANT)     05 June 2015

What is the purpose of the said transfer? U R not clear in UR query.


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