Colleague isn't giving money back

Question

Colleague isn't giving money back

20-Aug-2023 (In Criminal Law)

I worked in a company in Oman and I lent indian colleague total of 2.5 lacs on multiple occasions while working there.I am back to India and he is still working there. He said he would return the money when he gets salary and it's been 8 months only returned little amount. I have whtsapp conversations as evidence of giving money. How to send legal if I dont have his indian address. Can I send legal notice to Oman where he lives or how to file case?

Answers (5)

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Advocate Puneet Srivastava LawRato · Accepted Answer · 2023-08-20T15:31:30+05:30

Answer #2

Sir, the law is pretty clear on that aspect as you yourself mentioned that the transaction happened in Oman and he resides there in Oman itself. Therefore, the territorial jurisdiction doesn't lie here in India. The best you can do is get a Legal Notice sent to him from India to his Oman address in such a fashion that you can initiate a court case in Oman when the time of the legal notice elapses. One thing is clear that you need to send him a Legal Notice first. It can be sent through WhatsApp, Email and registered post. If you wish to send a legal notice, you may consult me.

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Advocate Jitender Singh LawRato · Accepted Answer · 2023-08-20T15:39:36+05:30

Answer #3

First of all rather than going legally you should serve them a legal notice and in that notice you can write that either pay my money or face legal action which will be at your own risk. After that if he fails to give you a satisfactory reply then you can anytime file a recovery suit in the court to claim your money back along with compensations. For more legal assistance I am just a call away.

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Advocate Anupam Pandey LawRato · Accepted Answer · 2023-08-20T19:56:09+05:30

Answer #4

We can proceed with criminal prosecution by instituting case of cheating. The Indian Penal Code is applicable upon the citizens of India irrespective of the place of commission of offence. The accused will be tried as per the Indian law. For civil law remedy, either the cause of action should arise in India, or the opposite party should be residing in India or carry on bussiness or profession in India. Since neither of the conditions are fulfilled, civil action will not lie.

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LawRato LawRato · Accepted Answer · 2023-08-21T09:42:37+05:30

Answer #5

if you have the money transaction details of the person then case can be filed in Indian court for the recovery. even if you do not know the address of the person in India you can file the case with Oman address provided he is not a citizen of Oman.

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