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Lender threatens and asks for money back. Money given. What to do now?
30-Apr-2023 (In Recovery Law)
My mother had taken Rs. 2 Lacs in 2010 from a lady. Lately this lady has been creating a lot of pressure on us to return her amount back. She even called us somewhere and beat us up and is demanding a ransom amount of 10 Lakhs. We have already given them monthly interest for a few months.
We have even filed a complaint against them to the CBI and the governor. My mother had given a blank cheque to that woman. All transactions happened in cash.
Now what can be done about it?
Firstly, with respect to the blank cheque, you should send a written intimation in the nearest Police Station stating that this blank cheque was given as a security and is likely to be misused by this lady from whom your mother had taken the loan.
Get the Diary Entry of this intimation and then intimate the bank to stop the payment in case the cheque is presented for encashment. Attach the Intimation letter given to the Police.
The reason for doing this is to protect yourself in case this lady fills the cheque with an arbitrary amount and files a S. 138 NI Act complaint for dishonour of cheque against your mother.
Secondly, as you have stated you have filed a complaint with the CBI, you should go and lodge a complaint in the nearest police station and get the FIR registered. In case the police refuses to register an FIR then, you can approach the Court with a complaint under Section 200 and 156(3) of the Code of Criminal Procedure for registration of FIR.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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