Refusal 2 return money with a threat for 376

IN order to file 376 there should be enough evidence like rape happened etc .. one cant just file a case and police can arrest that person. 

Ask your friend to buy a spypen and record when she threatens him the next time. Ask him to show it to police and file a case against her. Women biased laws are very strong, if she files a complaint against him, its gonna affect his entire career. 
 

Its better to be on safer side, my friend is wrongly framed because of women like this, ... plz dont neglect threats... anythign can happen tomorrow, better to be on safer side.

https://www.thehindu.com/data/the-many-shades-of-rape-cases-in-delhi/article6261042.ece

1. Lodge a police complaint against the lady and her husband for blackmailing your friend when loaned amount was asked,

2. Also lodge a complaint against both of them for not returning the amount they had taken from your friend,

3. Additionally, file a Money Suit against both of them for recovery of the loaned amount with all the evidence of having loaned the said amount to them,

@LoneFighter

What if the lady makes physical relationship with her husband and then file a case against my friend?? Then?? Medical will proof about the physical thing and till the time my friend would proove himself innocent then is he eligible to get 376 just because a female said this for him??

@K.K.Ganguly

But he gave the amount in cash so no proof at all for that and now he can not talk to them as they said if ever he will call or come to talk for the money then they gonna file 376

There are some scrupulous woman who by creating friendship with some males and after being close to them extort or earned money  from males by utilising their weakness.  This very common practice is prevailing all over the world but when males pressed their female friends for repayment they threatens for false allegations. It was sheer foolishness on the part of the male friend to give loan in cash to female friend.  However , your friend may serve a legal notice upon the female friend and her husband calling upon them to repay your money lent to them which can be evidenced by person witnesses before the court.  Any subsequent criminal complaint against your friend can be considered as after thought in the eye of law.

It was just a casual friendship nothing more than this. But would he be sent to jail immediately against 376 or the case would be investigated first before sending him behind the bars as if it would be investigated then nothing would come out but the question is??

In our Indian Laws nobody can be sent to jail without allowing a  reasonable opportunity of hearing. Police must investigate in the matter first then they can arrest the accused.and submit their report of investigation. before the Magistrate for further order if any.

I agree with Biswanath Sir,

I dont think i have anything to add to this conversation. But just to sum it up,

I do not think if it was just a casual friendship, anyone could file a 376 case just like that and take them to court. Have yourselves equipped with enough ammunition to face the war, though its just a threat for now. You might regret it later if you dont ...

@Biswanath Roy

I am a bit relaxed now

@LoneFighter

Can you explain the whole thing that had happened with your friend and how he came out of false allegations, what all he had to face for the same??

Regards

@Learning Law: Thats a long story. He has completely messed it up. Completely without his knowledge. You can probably PM me. We can discuss it on gtalk or something...

who advised him to loan such a huge amount (whose loss he cannot afford) to a party who has no resources to return.

There is something hidden.  come clear with facts.

@LoneFighter

I thought it would be helpful for many like my friend if posted openly, could be a learning curve for all as it is for you as you know your friend's story.

@Sudhir Kumar

Don't make assumptions. The world can not run on deception, there has to be some trust and might be the amount which is big for you could be tiny for someone. Even I have given money to many of my friends even more than this though I did a bank transfer that too close friends and yes without charge of interest.

But what had happened to my friend could have happened to me or someone else and I really need to get him out of it. Its not all about the money, its about the broken trust. When she was in need of money my friend gave him and later on she denied with threats. If she would have asked more time to manage the money then a different case but what she is doing now can't be gulped in simple ways so I thought to take a legal advise before we do anything.

And yup, no offence, its just our way of living in the world. When someone is in need, we don't care about the money as its not precious than someone's need or life but yes if someone thinks to gulp it we don't care to teach a lesson but here is something different and we want to be at the safe side then I noticed there are many things in the society which generally people are not aware of like the law of our country and because of which innocent people face loads of troubles. Thank you for your comments though but I was in need of some advice from serious lawyers.

Thanks

Regards

@ Mr. Learning Law,

It's a pity that you do not know how to address a Senior most lawyer of the Bar. Can you address Barrister Somnath Chatterjee as 'Somnath Chatterjee or Senior Counsel Mr. Arun Jetly as' Arun Jetly'' or Senior Counsel Mr.Soli J. Sorabji  as 'Soli Sorabji'? As you are by name 'LEARNING LAW' so i advice you to learn etiquette first how to address Experts.

this is a free service forum and nothing can be got in charity for free by discourtesy.

A person who is learned, matured and responsible enough cannot be expected to act irresponsibly.  Your friend cannot be a fool to lend such a huge money to anyone he trusted without any evidence or without making any arrangement for its return.  In my opinion, the query appears to hypothetical.  You are learning law, learning it from your tutors and not from this forum, this place is meant for rendering free legal solutions to the needy and not to learners.