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How to file for Breach of trust and debt recovery case


24-May-2023 (In Criminal Law)
I gave 44000rs to my friend who lives in nangloi delhi in January 2017 l. I went to delhi for hiring a air compressor machine but due to some emergency i had to go somewhere i gave him 24000cash and 20000rs cheuq saying that give this amount to machine owner but i did not give to him and he used that amount for his own purpose when i asked him return me back he gave me many date but now he is picking my phone. For evidence i have bank statement of the cheuq that i gave him showing the transfer amount in his account from my account. Now suggest me for legal action against him. Thanks, kamal singh from noida
Answers (3)

Answer #1
701 votes
Hello, is there any promissory note? Or cheque he gave against that loan? Incase of cheque bouncing you can file a case, Section 138 NI Act or a recovery suit before local court. If not then take a written note, that he will retun that money with interest. Whereas this is only 4 months old matter so give him a second chance to pay the amount with a promissory note.
Answer #2
542 votes
hello
yes you can file case under criminal breach of trust under the contract act 1872. you have not mention about the location where you hand over the money and Cheque to your friend, fact are missing there
Answer #3
884 votes
Hi, in my considered opinion it is better first to serve a legal notice and then file a case against him. There are various sections of crimes involved in this case and he will be punished for doing these wrongs.

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