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non payment of amount by borrower


28-Apr-2023 (In Recovery Law)
I have give Rs 40,000 amount to a person and sign promissory note he also  give me writing in rough paper, few whatsapp chats as a recording now he is refusing to pay what should i can i go to police station to file criminal suit or else if police does not accepts and says its a civil case what should i do. I need to file a criminal suit under different sections against him as a proof I have a promissory note, whatsapp chat, Notice send my post but he refuses to take it. What to please suggest.promissory note is on paper which have borrower and giver signature its not on stamp paper.
Answers (2)

Answer #1
944 votes
you have not mentioned whether you have given the said amount by cheque or not.. if this is so,you should have file criminal case under section 138. as you mentioned you have sent a legal notice to him then after given period of time you may approach the Court for recovery of your money with interest.
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Answer #2
556 votes
You should file criminal case as you have a promissory note for the amount of money lent by you civil case can survive only if you issue a notice for the same first and then you can file a suit in the court of appropriate jurisdiction
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