• Private chit fund repay issue

Hi sir,am narayan(name changed) from bangalore i was running one private chit fund without any licence. My problem is on may 2017 i stopped all my chits which i was running in my office because 50% of chit members were not paying properly but rest of the members are forcing to pay amount right know but am asking long time with them but they are not ready to give time..all are giving torture to me and my family..Note:non of the members have any proof as they were paying chit amount to me...my intention is not to cheat them my amount was struct with other people am requesting them to give time so that i can collect and give...because of their torture i have attempted 2 times suicide...please suggest me how to handle the situation..thank u
Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

1. First of all you were doing an illegal trade and ehnce you should be expect any leniency from the court of law.

.The clients with you have every right to ask for refund of the amount on promised rate of interest.

3.if you fails to reapy them at the promised rate they may file cases of cheating and money laundering.

4. SO to save yourself you have only option is to negotiate with them and settle amicably. If they seek recourse of law your rest of life would be spent in meeting court expenses and running around the court or jail.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

1) how was money collected by you ? By cash or cheque

2) did you issue any receipt ?

3) have you acknowledged your liability to make payment in writing

4) don't sign any papers acknowledging your liability to make payment

5) record all threats received by you

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

1. in this case all persons are involved because they have contributed having knowledge of the fact that it is not registered.

2. they cannot claim interest. they cannot file fir under section 406 IPC because they are also involve in the act.

3. you should prepare to fight the case.

4. according to judgment of arnesh kumar, you cannot be arrested for the offence u/s 406.

5. you should co-operate the investigation and try to settle this issue out of the court and compound it u/s 320 crpc

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

If you file a police complaint the persons to whom you have taken money will file counter case on you for cheating , criminal breach of trust that you were running illegal chit business

2) don't bow down to pressure tactics .never give any post dated cheques

3) record threats received by you . It would help you in filing police complaint of you receive any threats to your life

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

Note:non of the members have any proof as they were paying chit amount to me...my intention is not to cheat them my amount was struct with other people am requesting them to give time so that i can collect and give...because of their torture i have attempted 2 times suicide...please suggest me how to handle the situation..thank u

The unrest and frustrated subscribers may approach police commissioner with their complaint in a lot against you. This will make the police commissioner to get into proper legal action through the economic offences wing of district police.

In that case the police will not go behind the evidences, it will straight away take the complaint by the affected people as evidence and start investigation.

They may conclude the investigation putting blame on you that you have cheated the innocent people, wherein you may not have anything to defend yourself.

However you may admit the liability and seek time before police in writing too, which would protect you for the time being.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

..i have not given any cheques or i have not signed on any papers

but everyone are giving mental pressure to me and my family they using un parliamentary words...please tel me will police people will help us in this situation if i give complaint?but if they give some time i will return their amount

Any legal action you propose to take in this regard may backfire and you will be in more trouble, instead you can ask them to approach police for remedy, wherein you can convince and borrow time for repayment/settlement or else you will face this kind of problems every day from one or the other affected person.

The police may not be able to help you every time.

Take the help of a local advocate at the time of crisis and handle the situation properly so that you are not coming into physical attacks by the affected people.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

1. if they file FIR you should immediately challenge it before the high court under section 482 crpc.

2. you have to show that there is mutual understanding and co-operation to help each other financially by making a committee. a person stranger to this committee cannot get help from us.

3. all the person were very much aware about the fact and they are involved in this committee after having all the facts and circumstances.

4. there is no connivance.

5. FIR may be quashed by the high court.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Sir, I can understand the harassment level from your information as you tried to commit suicide 2 times. This case is civil in nature. So, nobody can threaten you for the payment. I suggest you to file police complaint for threatening/harassment against people those who are doing it to you. If police refuse to take your complaint then approach court with the help of lawyer to get order to file FIR. You may get in touch with us.

Thanks,

Adv.Niranjan,

Mobile - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

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