Hello I am from Hyderabad and I have loaned an amount of Rs 15,00,000/- to my ex-neighbour who is a lady entrepreneur who was facing with problems to pay salaries post covid effect. She has promised to return the amount in 3 months as she had some bills receivables from her clients. She managed to convince my wife that she can return the amount without delay. My wife convinced me and mortgaged her jewellery to help that lady. It has been 2 years but she only returned 3,00,000/- last year. Few months back she moved to a different apartment and before leaving made her give 1 personal cheque and 1 company cheque as proof. Both the cheques are blank and not dated but the amount of 15 lakhs only is written. Last week when my wife went to her, she found that the lady purchased a brand new Mercedes A class car but she has been postponing and requesting for more and more time. It is clear to me that she is not a fair person and has duped my innocent wife and me with lies all this while. Can you please suggest us what are our options in recovering our hard earned money from such fraudsters who have no ethics in life.
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You can file a civil suit in the court of law against your ex-neighbour and her company to recover the loan amount. The court will assess the evidence you submit and award a judgement in your favour. In case the defendant fails to comply with the court order, you can file an execution petition to recover the loan amount.
You can also file a police complaint against the defaulter for cheating and fraud. The police will investigate the matter and take the necessary action against the defaulter.
If he cheque is bounced you can send her a notice under section 138 of NI act and file complaint against her
File suit to recover balance amount with interest
2) also file case of cheating ,criminal breach of trust against her under section 406,420 of IPC
3) dont deposit cheque of Rs 15 lakhs as on date only Rs 12 lakhs is payable by her
You can fill up the cheque and present the same to your bank for collection.
Once the cheque is bounced, you can issue legal demand notice after which you file a cheque bounce case under section 138 of N I ACT against her and drag her to court wherein due to pressure she may come down for settlement.
You can file a cheque bounce case against her under Section 138 of NIA. Following is the procedure …
You can also file criminal complaint in the Court of Economic Offences at Nampally under Section 447 of Companies Act, proceeding are very fast and she will face jail up to ten years. Her company will also be wound up
You can also file a summary suit in civil Court on the basis of cheques. Under this type of suit she has to deposit the amount claimed in Court within ten days, failing which Court will pass a decree against her for the amount claimed.
- Since, you have her personal blank cheque , then you can fill it up after mentioning the latest date . It is not mandatory in Law that the cheque should be filled up by the drawer of the cheque.
- Further, if the cheque is from her bank and having her signature , then the drawer of the cheque is under obligation to pay the same.
- You can submit the said cheque before the bank for encashment , and if bounce then file a compliant under section 138 of N.I. Act, after sending a legal demand notice.
- Further, you can also file a recovery suit against her under section 37 CPC for the recovery of that amount within a short period of time.
I'm sorry to hear about your situation. Here are some general steps you can take to try and recover your money:
Send a legal notice: You can send a legal notice to the lady entrepreneur demanding that she return your money within a specified period of time. The notice can be sent by a lawyer or you can draft it yourself. The notice should clearly state the amount of money owed, the reason for the loan, and the consequences if the money is not repaid. The notice may act as a warning and may prompt the lady to repay your money.
File a civil suit: If the legal notice does not result in repayment of the loan, you may consider filing a civil suit against the lady entrepreneur. You can consult a lawyer who can help you draft and file the suit. In the suit, you can ask for the loan amount to be repaid along with interest and any other damages that you may have suffered.
File a criminal complaint: If you believe that the lady entrepreneur has committed a criminal offense, such as cheating or fraud, you can file a complaint with the police. The complaint should detail the facts of the case, including the loan amount, the promises made, and the evidence you have. If the police are satisfied that a criminal offense has been committed, they may investigate the matter and take appropriate action.
Seek mediation or arbitration: You can also consider seeking mediation or arbitration to resolve the matter. Mediation involves a neutral third party helping to facilitate a settlement between the parties. Arbitration involves a neutral third party making a binding decision on the matter. Both options can be less expensive and time-consuming than going to court.
Please note that the above options are general in nature and may not apply to your specific case. It is recommended that you consult with a licensed lawyer in your area for legal advice tailored to your specific situation.
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