File suit to recover money paid by you with interest 

The police can only take legal action for the offences of cheating and breach of trust but as the police is not a recovery agent your purpose will not be solved if you depend on police alone.

Hence you may better file a money recovery suit in a civil court to recover the money you have lent to him on the basis of documentary evidence in your support.

There is no bar against filing civil suit for recovery of money pending criminal complaint. You can file a suit for money recovery. In the  suit you can also seek attachment of his property to secure the money decree that will be passed. You need not till the  passing of such decree. You can immediately get an ordr for attachment of his property on the  day suit is filed.

Civil and criminal proceedings are separate and can proceed simultaneously 

Hello,

You can certainly file a civil suit for money recovery in court parallel to the ongoing criminal investigation. Filing a civil case does not require you to close or withdraw the FIR you have filed at the police station. These are two separate legal processes:

1. Criminal Process: The FIR you filed initiates a criminal investigation into the act of fraud or theft (depending on the circumstances of your case). The police are responsible for investigating the criminal aspects, such as the intent to deceive.

2. Civil Process: A civil recovery suit is focused solely on the recovery of the money you lent. This process is about enforcing the repayment of a debt and does not necessarily concern the criminal aspects like the intention behind not repaying the money.

Steps to File a Civil Suit for Money Recovery:

• Document Collection: Gather all evidence of the loan, including bank transfer details, any communication between you and the borrower acknowledging the debt, and the legal notice you sent.

• Legal Representation: It would be advisable to hire a lawyer who specializes in civil litigation to draft and file the suit. Your lawyer will prepare a statement of claim outlining the details of the transaction and the subsequent breach (non-payment).

• Filing the Suit: The suit is filed in the appropriate civil court based on the amount of money involved and the jurisdiction over the area where either the defendant resides or the transaction took place.

• Court Proceedings: The court will issue a summons to the defendant, and the legal process will follow, where both parties will have the opportunity to present their cases. If the court finds in your favor, it will issue a judgment against the defendant, which can include the debt amount, interest, and possibly legal costs.

While the civil case is ongoing, continue to follow up with the police regarding the criminal case. The outcomes of these cases can complement each other; for example, a judgment in the civil case might strengthen the criminal case by establishing the fact of the debt and the default.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

1, It is nota criminal case for the Police to act based on IPC.

2. It is a Civil Case for which you shall have to file a Recovery suit producing all the evidence in support of your allegation and claim.

1. It could have been a criminal case had you complained that the said person had stolen the amount form you which is not the case since you have paid it through bank.

2. it could also have been a criminal case had you alleged that he has obtained the payment from you by defrauding you, which is not a case here since you have simply lent him the said amount.

3. So, only civil case is the remedy here.

4. You can file the civil suit without withdrawing the police complaint.

Looks like it is a civil dispute and hence in such cases the police does not take serious measures.

To make Police more proactive writ petition against police inaction can be filed. 

Yes you can file a money recovery suit in a civil court to run parallel to the criminal complaint before police.

You can file civil suit as well as police complaint for cheating