• Financial cheating case

My cousin took money from me in the name of business from 2016 to 2018. In Dec. 2018, he said that he lost all the money in gambling. The total money given to him was around 34 lacs. As his marriage date was close at that time, his parents given me around 8 lacs to keep matter silent and let marriage happened. But even after 4 years passed including 8 lacs given by his father, he is not giving money properly. Till date total amount recovered from him is 14 lacs. Now I came to know that he cheated some other people also. So, I am finding chances of my money recovery are very less. I want to take legal action against him. I want to know what punishment to him could be given by court in this case. He doesn't have any asset on his name to sell to recover money. The only proof I have is that my bank statement. Does court will ask him to pay me money with interest or he will be sent to jail for this fraud. Please answer my query. His family is saying that he is now in UAE for job. So I am finding difficult to contact him personally.
Asked 2 years ago in Criminal Law
Religion: Hindu

8 answers received in 1 day.

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8 Answers

Payment through bank  is valid proof of transfer of money. You can file a civil suit for recovery of amount paid with interest as you have sufficient proof of payment.  You can also file criminal complaint against him for cheating. File the complaint in the Court of Magistrate as police will hesitate to take complaint. Court will order police to register FIR,  investigate, produce accused in court and file charge sheet. After trial Court will punish the accused. Punishment for cheating is jail up to seven  years. Once summons is served on him he will come for settlement, the offence of cheating is compoundable, that is it can be compromised between complaint and accused. You can collect your money and compromise the offence. You can file civil suit from abroad. Draft a GPA in favor of your friend/relative giving him power to file civil suit against him. Get the GPA attested by Indian Consulate/High Commissioner. Criminal complaint can also be filed through GPA. If he is abroad, LOC and red corner notice will be issued against him. He will be brought to India and face trial. 

 

Ravi Shinde
Advocate, Hyderabad
4476 Answers
42 Consultations

If you have proofs for lending this money to him and if the latest period of recovery of partial loan amount is within three years from this date, then you can file a money recovery suit against him. 

Please note that if he has got no source of income to repay the loan, you may get the particulars of his employment so that you can get it deducted from his salary by an order of court. 

T Kalaiselvan
Advocate, Vellore
87798 Answers
2364 Consultations

File civil suit to recover your money with interest 

 

2) also file police complaint under section 406,420 of IPC for criminal breach of trust and cheating 

 

3) civil suit is for recovery of money and criminal complaint is for punishment 

Ajay Sethi
Advocate, Mumbai
97594 Answers
7900 Consultations

Dear client I am sorry to hear that but in this case you can file a case against the party.

Anik Miu
Advocate, Bangalore
10417 Answers
121 Consultations

Your bank statement serves as legitimate evidence of payment. As long as you have proper proof of payment, you may initiate a civil lawsuit to reclaim the money together with interest. You can also file a criminal complaint against him for cheating before the nearest police station. If the police are reluctant to accept a complaint, file a complaint before the Magistrate Court. As a result, the court will order the police to register an FIR, investigate, and file a charge sheet against him.

The purpose of a civil suit is to recover money, while the purpose of a criminal complaint is to punish him

Ajay N S
Advocate, Ernakulam
4097 Answers
113 Consultations

Hi. hope you're doing well. 

You can file a suit for recovery of money alongwith interest from your cousin.If your cousin has any property, it will be attached for recovery of debt. If he does not have any property, get an order from the court to get certain amount deducted from his salary monthly. If he's still unable to pay, you can file a criminal complaint against him under sections 406,415 and 420 of the IPC and your cousin will be sent to civil prison. 

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

You need to file civil suit of recovery and cheating complaint against him in police.

Prashant Nayak
Advocate, Mumbai
32914 Answers
209 Consultations

- Since, you have given him loan through the banking mode , then on the ground of statement you can recover amount from him 

- However, the limitation period of filing the case is limited to 3 years from the date of cause of action i.e. payment of loan to him 

- Further if he has paid the last amount within three years from how then you can file a recovery suit against him before the court foe getting the amount refund from him. 

-  Further, as he has cheated other persons as well , then you can file a complaint against him for the offence of cheating , breach of trust before the court . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

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