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Lent money to friend for business. Now not wiling to return.


16-Sep-2023 (In Recovery Law)
I gave 12 lacs to a friend through RTGS. He was in dire need of money for business. Now he is not wiling to return the money. His bank is in lucknow. Can i file a case for recovery as well as criminal case in Delhi?
Answers (3)

Answer #1
942 votes
You should definitely file a case for recovery of money in the District court of your area. Remember that the case has to filed at the place where the major portion of the cause of action has arisen. Determine where most of the cause of action has taken place. So we can file the case for you in Delhi and say that since your friend asked for the money from you in Delhi and since payment was made from Delhi the cause of action has arisen in Delhi. It will be easier for you to prosecute your case from Delhi rather than engaging an advocate in Lucknow. Where does your friend stay? Where is his work-place / business? All these facts help in deciding where to lodge the case. If all this is in DElhi, then do not get into the trouble to filing anything in Lucknow. FIR also may be lodged in Delhi if he stays in Delhi. However if his business and house are in Lucknow then you should file the same in Lucknow. Contact for further assistance. Keep proof of mobile messages, emails etc. We will also ask for interest up till the time of repayment. Also when was this money given? I hope it hasn't been more than three years. If it has then we will have to explain the delay or the suit may be barred by limitation. I will advise you to act fast.
Answer #2
695 votes
Sir, there could be a possibility of filing a criminal case in Delhi if we are able to fulfill the criteria for jurisdiction which can be carefully laid down only after a detailed and elaborate discussion with you
Answer #3
504 votes
A criminal case can be proceeded with from Delhi and the process would begin with filing a complaint with the police and thereafter with the court. The suit for recovery could be filed from Delhi if you can show that he ordinarily works in Delhi notwithstanding the fact that his bank account and permanent residence may be in Lucknow.

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