23. Lended Money

23. LENDED MONEY 

UNDER CIVIL PROCEEDINGS :

Order 37 of the Code of Civil Procedure (CPC) in India relates to the procedure for filing a summary suit. A summary suit allows a plaintiff to obtain a quick judgment in a debt recovery case without going through the regular trial process.

Applicability : 

Order 37 CPC applies to suits where the plaintiff seeks to recover a debt or liquidated demand in money against the defendant. It is commonly used in cases of unpaid loans, dishonored cheques, or other types of monetary claims

Summary Procedure : 

The procedure under Order 37 is designed to be expeditious and provides a faster resolution compared to the regular trial process. It aims to avoid unnecessary delays and reduce the burden on the courts

Summary Suit : 

To file a summary suit under Order 37, the plaintiff must present a plaint (a written statement of the claim) along with a written statement of the claim and an affidavit supporting the claim. The plaint should include a summary of the facts, the amount claimed, and the relief sought.

Notice of Summons : 

Once the summary suit is filed, the court issues a summons to the defendant. The summons, also known as a notice of summons, informs the defendant of the suit and directs them to file an appearance within a specified time period, usually 10 days.

Written Statement : 

If the defendant enters an appearance within the given time, they are required to file a written statement in response to the plaintiff's claim. The written statement should address the material facts and defenses of the defendant.

Oral Evidence : 

In summary suits, the court generally relies on the pleadings, documents, and written submissions of the parties without taking oral evidence. This contributes to the expeditious nature of the summary procedure.

Summary Judgment : 

After the filing of the written statement or the expiry of the time period for filing a written statement, the court may proceed to hear arguments from both parties. If the court is satisfied that there is no genuine defense, it may pass a summary judgment in favor of the plaintiff.

It's important to note that the specific procedures and requirements for filing and defending a summary suit under Order 37 C.P.C. can vary depending on the jurisdiction and the individual circumstances of the case.

Consulting with a qualified legal professional is advisable to ensure proper understanding and compliance with the applicable laws and procedures.

UNDER CRIMINAL PROCEEDINGS :

The Indian Penal Code (IPC) Section 406 of deals with the offense of criminal breach of trust. While it does not specifically address money lending, it is applicable in cases where a person entrusted with property or assets, including money, dishonestly misappropriates or converts them for their own use, in violation of the trust placed in them.

Criminal Breach of Trust:

Section 406 defines criminal breach of trust as an offense committed by a person who, being entrusted with property or assets, dishonestly misappropriates or converts them for their own benefit or for any purpose other than the one for which the property was entrusted. This offense is non-bailable and is punishable with imprisonment and/or a fine

Elements of the Offense:

To establish the offense under Section 406 IPC, the following elements must be proven:

Existence of a trust or entrustment:

There must be a relationship of trust or entrustment between the accused person and the victim, where the accused has been entrusted with property, including money.

Misappropriation or conversion:

The accused person must have dishonestly misappropriated or converted the entrusted property for their own use or for purposes other than the intended one.

Dishonest intention: 

The act must be done with dishonest intention, meaning that the accused person had the intention to cause wrongful gain to themselves or wrongful loss to the victim.

Punishment:

Criminal breach of trust under Section 406 IPC is a cognizable offense. If convicted, the accused person can be punished with imprisonment for a term which may extend to three years, a fine, or both

Legal matters can be complex, and it is always advisable to consult with a qualified legal professional for accurate and personalized advice related to specific cases or situations.