Procedure For Getting Money Back: There is one thing in this world because of which your friends become enemies. Your relations with relatives deteriorate and even murders take place. That thing is borrowing. Often people borrow money from their friends and relatives when they need it. They say that they will return the money within a fixed time limit.
And generally people also return the money of others. But it has been seen on many occasions. People do not return the borrowed money on time. Many times, even after asking and calling repeatedly, people do not return the money. In some cases it has also been seen that people outright refuse. If this happens to you, then you can try this method. This can get your money back.
You can send a legal notice
People lend money to each other to help each other and this is a common thing. But sometimes it happens that people do not return the money they have borrowed. In such a case, the person who lends the money gets into trouble. If someone does this to you, then you can file a case against him.
First you can send a legal notice to that person. In which the transaction of lending money, its time period and its amount will be mentioned. If that person returns the money to you within that time period then you will not need to file a case.
can file a civil suit
But if he does not return the money according to the time given in the legal notice, then you can file a civil suit against him. In which, under Order 37 of the CPC i.e. Code of Civil Procedure, the borrower will have to appear in court within 10 days and give his explanation/argument against the allegation.
In a civil suit, you also have to tell in which mode you gave the money – through cheque, online or cash. It is very difficult to keep a record of money given in cash. However, if any other witness was present at the time when you lent the money, then your case will be strengthened. If you win the case, you will get the money back.
You can also file a criminal suit
As you might have heard about Section 420 of IPC which is used for fraud cases. In a criminal suit, with the help of a lawyer, you can file a case under Section 420 and Section 406. In a criminal suit, the accused not only has to return the money if the charges are proved. But there is also a provision to send him to jail.