How can I recover money lent to a friend

624 votes

Do you have his permanent address? You can Lodge an FIR against him and you can also file a case for recovery. Go and file a complaint to the nearest police station and if the police is refusing to lodge an FIR against him. You can revert me. We will file a case before MM for registering an FIR. Revert me.

Advocate Hemanshu Saha LawRato

693 votes

You can file a suit for recovery in a court of law.Besides you may also file a criminal case under section 406 IPC. The rtgs transfer from your account to your friend's account is the documentary proof to corroborate your complaint.

Advocate Harish Chandra Yati LawRato

503 votes

You may file a civil suit for recovery of your amount alongwith interest.
If he is untraceable, you may file a case U/s 420 of IPC for cheating you before police authorities. Tracing him is the work of Police.
However, if you come to know about him, then you may give such information to police so that police authorities can track him and take out his permanent address.
The same address may be used in the civil suit.

Advocate Manish LawRato

523 votes

Hi
First of all u must see if the money what u paid is within 3 years from the date of refusal by u r friend. From the date of refusal u will get cause of action, what happend to the status of cheque did u deposit or not, considering these situations we can issue a legal notice for return of your money, if she still does not pay then you can file a suit for recovery of money case.
Regards,
Pratap, Adv

Advocate Pratap Kumar LawRato

670 votes

Hi,

The photocopy of a cheque is more than enough to sue your friend. you can go to near by police station and file cheating complaint against your friend. By parallel, you can send legal notice to settle your money else recovery suit can be filled.

thanks,
Adv. Niranjan.

LawRato LawRato

692 votes

You mention that you have photocopy of the cheque. Is this the cheque that you gave her for Rs. 5 lakhs or the cheque that she gave as return payment? If you have the record for communication between yourself and your friend in which she asked for money and you gave it to her, then you can initiate legal proceedings by sending a legal notice at the first instance. Unless you can prove that she had asked for money and you lent it, it will be difficult to defend your stand.

LawRato LawRato

807 votes

At last after not getting any response you can serve him with a recovery notice and still if does not respond you can peruse a recovery suit/case against him. Although you have full proof of giving the money as it all had been done in black and white

Advocate Ajay Shakti Goyal LawRato

743 votes

Is there was any Agreement ? (from the language it seems there was none)
If answer is yes, they you can based on that agreement File a - Suit For Recovery u/o XVII C.P.C, which is time bound proceedings.
If Answer is No, you have to take circumstantial evidence and create the evidence against him,.

Q- How can i recover my money ?
By Filing a Suit in the Court of Competent Jurisdiction.
Q- what suite i can file in court civil or criminal or both?
You can file both cases
-in court civil - Suit For Recovery u/o XVII C.P.C
--in court criminal- U/s 138 of N.I. Act
Q- how can i prove in court that i have given the money to him?
It can be proved, you have sufficient evidence, His admission in the Police Station, Cheque, and other way, which can be explore to you while you come for consultation.

Opinion,
- 1- First send a Legal Notice U/s 138 of N.I. Act,
- 2- Make a Police Complaint against him.

Thanks

Advocate Naveen Kumar Shelar LawRato

674 votes

Sir/ Madam,
Please file a suit for recovery (summary suit in case of admitted amount). One can also file a case under Section 138 of the Negotiable Instruments Act. But please send the requisite notice immediately within the time prescribed by law.
One can also file a complaint for cheating etc., as his intention since inception seems to be that of walking away with the money.
The rest can be discussed on meeting.
Abhinit Das
Advocate

Advocate Abhinit Das LawRato

556 votes

You are having an opportunity of filing two cases against your friend.
One is under Section 138 of NI Act for cheque bounce, which is a criminal case, wherein he have to appear on each and every date and secure for bail. The proceedings are too technical in nature, and there is strict rule of time bound proceedings, i.e. issuing of notice within 30 days of bouncing of cheque and thereafter giving not more than 15 days, thereafter within one month has to file case of cheque bounce.

Secondly, you may file a civil case for recovery ( under Order XXXVII - Summary Suit) based on the said cheque issued.

Advocate Manish LawRato