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How money recovery is decided as criminal or civil?


23-Oct-2023 (In Criminal Law)
There are cases.1)A asks B to give him 100 ₹ and in return promised to give 120 ₹ next day and after receiving 100 ₹ , A just blocks B immediately and stop communicating further or even ask B to pay more 200 ₹ to get the previous capital+ROI of 120 ₹ and just kept delaying it and trap B2) A purchased a product from B on advance payment and built trust and next time A order again and asked B to deliver product on post paid payment and fails to make payment. A is financially capable of paying B but its just the intent which he think A can not do anything so he hold paymentAre'nt both cases of crime?nnWhat differentiate a money recover matter in civil vs criminal ?nnIts the intent/financial capability of culprit which differentiate?nI mean a person who can afford food/travelling/vehicle/day to day expenses can easily clear the small amounts like 5-10-15-20,000 ₹ that he awe to lender/seller.
Answers (2)

Answer #1
664 votes
If a person borrowed the money from you knowing and believing that he will return but his circumstances have unfortunately changed and as such can’t pay, then it is a civil dispute as the person couldn’t pay due to change in financial circumstances. Whereas, as you stated, a person borrowed money and immediately after borrowing, blocked the lender and not attempting to pay back despite having everything at his disposal reflects his criminal intent of cheating. This as such will become a criminal case. For any further assistance, do feel free to reach out to me. Regards
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Answer #2
681 votes
You don’t have to get into A & B, it’s better you hire an advocate in this regard to draft a cheating complaint followed by suit for recovery. There no no criminal recovery, however due to fear of going to jail people tend to compromise..! Anyways …let the expert do his work !
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