Lender not giving money back

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    • #62073 Reply
      User_ec3bcbf7
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        User_ec3bcbf7
        PARTICIPANT
        February 1, 2025 at 12:20 pm
        I lended money to a distant friend in his dire need some amount through cash and some through cash in march 2024 .It was roughly around 3 lakhs. He used to return me the money in parts like 5-10k till last august saying he will return everything slowly. Since august now he has topped paying anything and I am in urgent need for money for my family emergency , I call him everyday and he says โ€˜Nahi hai abhi paise , nhi khaunga tumhare paise dedunga abhi to nhi de paungaโ€™ . I literally cry everyday because that was my hard earned money and now when my family needs it I cannot do anything for them. I am in debt bevy of this shameless person . Somehow I managed to get 5 signed cheques from him of the amount and he is saying tumko jo krna h kr lo lagana h to laga do cheque. Mere pas nhi h paise. I know for a fact his account doesnโ€™t have any money his cheques will bounce. Now I need an advice how to proceed with legal case? Will I get my money back if I deposit the cheque and it gets bounced? Since I have paid a major chunk of amount in cash so what about that? Please help .

      • #62078 Reply
        User_f0c5d307
        Participant
          U
          User_f0c5d307
          PARTICIPANT
          February 1, 2025 at 12:40 pm
          When you lend money to a friend, you can either have your money back or the friendship. Let this be a lesson that you never lend money in an amount that can put you in trouble.

          As of now, if you are willing to lose your friendship, ask him to borrow from somebody else and pay you. Promise him that you will give it back to him once your emergency is gone but donโ€™t give this time.

        • #62077 Reply
          Primeowl5754
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            P
            Primeowl5754
            PARTICIPANT
            February 1, 2025 at 12:40 pm
            You need to have a proper documentation to start with . If you lent money from.tax paid account only then you can go for recovery through legal means. For banking the cheques and dragging him.to court you need to show that the money he has proposed to pay through cheque is legit. So get him to acknowledge this debt on paper first and for discharging this debt he has given you these cheques. Otherwise forget about this money recovery through legal means

          • #62076 Reply
            User_e1bdcb6f
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              U
              User_e1bdcb6f
              PARTICIPANT
              February 1, 2025 at 1:39 pm
              I read somewhere that Lended money without proper documentation is considered as GIFT amount in the eyes of law and Lender will not be obligated to Return that money back to you. Consider taking more knowledge on this topic

            • #62075 Reply
              User_94027382
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                U
                User_94027382
                PARTICIPANT
                February 1, 2025 at 1:51 pm
                You can deposit the cheques and lodge an FIR for the same. He will be called to the Police station, maybe locked up and police will direct you to the court. Where he will submit he doesn’t have the means to pay. So either he will go to jail for some time or he agrees to pay you in installments which of course won’t be of no help. In my opinion try to bend his arm using any connection you have.

              • #62074 Reply
                Cleverowl5706
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                  Cleverowl5706
                  PARTICIPANT
                  February 1, 2025 at 3:03 pm
                  With due respect to other advice, I would suggest filing a SUMMARY SUIT under Order 37 CPC asap.
                  Needs to be filed within 3 years due to statute of limitation.

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