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What steps should be taken for the recovery of an amount? Should I file an FIR for money recovery, m
25-Jul-2024 (In Civil Law)
Yes. If your WhatsApp chats, taken with surrounding facts, prima facie disclose a cognizable offence (for example cheating or criminal breach of trust under the Bharatiya Nyaya Sanhita), you may file an FIR or an online/e'FIR (BNSS s.173) and the police can investigate. See the BNS text (penal offences) [https://www.indiacode.nic.in/handle/123456789/21069'locale=en] and BNSS (FIR/e'complaint provisions) [https://www.indiacode.nic.in/handle/123456789/20335'locale=en]. Note however that electronic records at trial must meet the evidentiary rules in the Bharatiya Sakshya Adhiniyam (e.g., provisions on electronic/digital records and admissibility such as ss.61 and 63); Supreme Court authorities require proper certification or production of the original device before electronic chats/printouts are admitted (Anvar P.V. v. P.K. Basheer (2014) [https://www.courtkutchehry.com/judgements/686724/anvar-pv-vs-pk-basheer/] and Arjun Panditrao Khotkar v. Kailash Gorantyal (2020) [https://www.supremecourtcases.com/arjun-panditrao-khotkar-v-kailash-kushanrao-gorantyal-and-others/]). Preserve originals and metadata, ask police to seize the device or obtain forensic/certification, and consider parallel civil recovery remedies if criminal prosecution is uncertain. (Statutes cited: BNS, BNSS, BSA as above.)
If someone isn't returning money you lent them, your legal options depend on the nature of the transaction:
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Civil Case for Recovery:
If there is no element of fraud or cheating, this is typically a civil matter, and you should file a money recovery suit in the civil court under Order 37 of the Civil Procedure Code (CPC). Evidence like written agreements, messages, or bank transfers will strengthen your case. -
Police Complaint (Criminal Case):
If you believe the person intentionally cheated you or misappropriated the money, you can file a criminal complaint under Section 420 IPC (cheating) or Section 406 IPC (criminal breach of trust). The police may register an FIR if criminal intent is evident. -
If Police Refuse to File FIR:
You can file a private complaint before a Judicial Magistrate under Section 156(3) CrPC, requesting the court to direct the police to investigate. -
Online Complaints:
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For cyber fraud or digital transactions, file a complaint at cybercrime.gov.in.
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For issues involving banks or NBFCs, use the RBI Complaint Management System.
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Note: FIRs cannot be filed for pure civil disputes. Criminal intent must be clearly shown (e.g., taking money under false pretenses).
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Swati weskade
What is the legal action if someone is not returning money?
Reply by
LawRato
When there is a default in payment, the person who has lent the money can approach the appropriate court to file a civil suit for the recovery of money. One can also file a criminal case for fraud/cheating, depending on the circumstances. It is essential to hire a competent lawyer who can guide you after understanding the facts and circumstances of your case. For the initial steps, hire a lawyer and gather all evidence related to the loan of the money.
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