Hi,
My friend own me $750 sinc 2006 and i have been unsuccessful in getting the money back. is there any action that i can take?
I read up on the penal code. under section 415 It states
Cheating
415. Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to “cheat”.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.
woah. that's a long duration to repay 750
cheating? got proof? when he borrowed money from u got sign IOU???
Got evidence then got case to fight... No evidence = nothing...
Serious? Theres nothing i can do? tks for ur reply.
If you have no evidence, how can the police believe you? You can say you lent him $750 and he can say no such thing has happened.
Can bank transfer counted as evidence? sigh. guess i cant get the money back
Why don't you go ask the police?
If cannot take back the money than take it as a lesson learn
bank transfer cant be used as evidence in this case i guess.
he can counter back whatever u say, saying the 750 u transfered to him was to return him money u 'owed' him.
and since there was no form of IOU signed, i think it's rather hard for u to get it back by calling the police.
He wasn't asking about the possibility of charging the person successfully. The issue on evidence is separate issue under criminal procedure, and the investigator might be able to obtain a confession with the right interview techniques.
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However, in order to proceed with a criminal case, the concern is whether the person committed an offence in the first place. If you look at Penal Code section 415, the incident must satisfy 2 criteria:
(i) Act of deliver property/consent to retain property/act or omission that causes injury (harm to body, mind, reputation, property) or won't occur if the victim was not deceived
(ii) Intention of the accused at the time of the act involved deception to dishonestly (wrongful gain/loss) or fraudulently induce (i)
If the intention of not returning the money does not coincide with the time of the act, Cheating is not the appropriate section to apply. There might be other relevant sections like Criminal Misappropriation of Property.
The other alternative is to proceed as a civil case rather than a criminal case. In a civil case, you need to engage your own lawyer to seek compensation for the tort. In a criminal case, the prosecution will seek punishment for the offence but you might not receive any compensation.
You might wish to seek legal advice from proper channel if so desired.
Originally posted by kakashi84:Hi,
My friend own me $750 sinc 2006 and i have been unsuccessful in getting the money back. is there any action that i can take?
I read up on the penal code. under section 415 It states
Cheating
415. Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to “cheat”.Illustrations
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.
Can i lodge a Police report against him for cheating bsed on the above illustration? Appreciate if you guys can advise me. Thanks alot!
This is not cheating. This is a case of fraudulent debtor. But you may lodge a report against him if you so desire.
Originally posted by kakashi84:Hi,
My friend own me $750 sinc 2006 and i have been unsuccessful in getting the money back. is there any action that i can take?
I read up on the penal code. under section 415 It states
Cheating
415. Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to “cheat”.Illustrations
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.
Can i lodge a Police report against him for cheating bsed on the above illustration? Appreciate if you guys can advise me. Thanks alot!
Duplicate Post.
Originally posted by kakashi84:Hi,
My friend own me $750 sinc 2006 and i have been unsuccessful in getting the money back. is there any action that i can take?
I read up on the penal code. under section 415 It states
Cheating
415. Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to “cheat”.Illustrations
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him, and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats.
Can i lodge a Police report against him for cheating bsed on the above illustration? Appreciate if you guys can advise me. Thanks alot!
Triplicate Post.
Originally posted by Tiggerific:
This is not cheating. This is a case of fraudulent debtor. But you may lodge a report against him if you so desire.
and what can the police do to the fraudulent debtor?
I would not know whether you can reclaim the amount loaned through legal means. But I would consider it a bad debt and would wisen up the next time I lend money to anybody.
Originally posted by Tiggerific:
This is not cheating. This is a case of fraudulent debtor. But you may lodge a report against him if you so desire.
1) It can amount to cheating if the intention of not returning the money is present at the time of borrowing.
2) There is no such offence as fraudulent debtor. If you are refering to a civil suit, the plaintiff does not lodge a report against the defendant, but initiates litigation to seek compensation for a tort.
Please refer to my post above. Cheers :)
Originally posted by Tiggerific:
This is not cheating. This is a case of fraudulent debtor. But you may lodge a report against him if you so desire.
Originally posted by keeptouch:
and what can the police do to the fraudulent debtor?
1) It can amount to cheating (criminal offence) if the intention of not returning the money is present at the time of borrowing.
2) There is no such offence as fraudulent debtor. If you are refering to a civil suit, the plaintiff does not lodge a report against the defendant, but initiates litigation to seek compensation for a tort. You may still record statements at a police station, but the police does not have special powers of investigation to summon witness, compel the defendant to record statements etc.
Please refer to my post above. Cheers :)