Debt Recovery

Recovery of money given to a friend

On my friends request I had given Rs. 100,000 on loan to a close friend without taking anything in writing. It was by way of bank transfer. He is refusing to return the money. How can I recover the money from him?

Expert Advice


As the loan was given to your friend by way of bank transfer, you may recover the same by opting to file a civil recovery suit. Please retain all the correspondence, bank statement and other relevant documents to prove your claim. Create as many correspondence as possible by sending him reminders by email, registered AD letters etc . Finally a legal notice will be required to be served upon your friend prior to filing of the civil recovery suit.

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Yes you can claim the money back under civil as well as criminal proceedings. You will first have to send a legal notice recording the fact that you had given the money on loan and it was not a gift. You must vide the said notice raise a demand for the said amount of money within a period of time. If the friend fails to return the money even after the expiry of legal proceeding then a civil proceeding can be initiated for breach of contract and recovery suit can be filed. A criminal complaint for fraud and criminal breach of trust can also be filed

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Adv. Parul Sharma

Partner
N. K. Sharma & Partners
Santacruz East , Mumbai


It's good that the amount has been transferred by way of RTGS/ bank transfer. So firstly with reference to your bank transfer detail and date you need to send a legal notice for criminal breach of trust to your friend and then after 15 days of waiting you should file a private complaint under criminal breach of trust, cheating and mischief ( u/s - 427 of IPC). You can also take help of police and file a private complaint against your friend, if police officers are filing a private complaint then it's good else you give them a complaint in writing and then approach the court with police complaint and bank transfer details.

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