Legal Question in Criminal Law in Pakistan

Dear Sir/ Madam, My son-in-law took Rs. 3,300,000 from me in cash for business. Only one-third was transferred via banking channel. The rest he took in cash. He admits receiving (telephone conversation recorded) 2,700,000. On my part, the amounts that were not sent through banking, have been written on the chequebook (I encashed cheques to withdraw and pay money to him, but without his signed receipts). The business deal was only verbal- a 50/50% split of profit from the end of year 2. He now also has different interpretation of what we had agreed. Despite a verbal reminder and promise by him over telephone in end 2016, he did not prepare any legal agreement. The record of the business expenses spanning over 18 months shows that a) it is hand prepared with same pen on a single day or within a short period of time on an ordinary notebook without any signatures, page marks, etc; b) there are no receipts of any spending/payment; c) there are no income statements or record so he wants me to trust whatever he says about income/loss. When I say that just return my amount, he says that it is invested in infrastructure and he has no cash to pay, when I say give me cheque for the amount that I can encash when the season ends, he does not give. I got his bank account checked and he has no cash, but the inward transactions of 1,100,000 are there. I suspect that he has other bank accounts, and has purchased plot in the name of his sister with my money, where he is constructing a house now.

Please tell me what are my options and what are the chances of my receiving my money back under Pakistani Law.

Many thanks


Asked on 6/11/17, 11:22 pm

6 Answers from Attorneys

you can file a recovery suit against him, lets see what stance he come up with. in case a totally refute the claim of having any business transaction or admits any pat of it. in case he accepts any part of it with (having a business understanding of any nature , then a suit of Rendition of account can also be filed ) provided you do have witnesses to present some ocular account of statements of facts and figures. you can call me to discus this in detail.

0323-4638149

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Answered on 6/12/17, 12:11 am
Sher Baz Ali Sameja, Mughal & Meo-The Law Firm

YOU CAN FILE COMPLAINT AND LODGE A FIR UNDER SECTION 406 PAKISTAN PENAL CODE OR YOU CAN FILE CIVIL SUIT. FOR MORE DETAIL EMAIL US [email protected]

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Answered on 6/12/17, 5:24 am
M. Mazhar Javed TRI-LEGAL & Tax Consultants

You can avail both civil and criminal remedies. Get an FIR registered against him if you think your relations have got strained. Or file a suit for recovery and prove your version by producing the evidence.

For details call 0321-5535469

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Answered on 6/12/17, 4:23 pm
Salman Khan International Lawyer

You have many possible options including that you can take stay order on the house.. [email protected]

Regards,

www.internationalattorney.info

+92-333-5339880

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Answered on 6/13/17, 10:12 pm
Syed Naveed I A Law Associates

A suit for recovery of the amount given by you , can be filed against him,

A suit for Rendition of account can also be filed

You must have witnesses to prove your ocular account of statements

and facts and figures.

You can file a civil suit and can take stay order on the alleged house being constructed but for that you again must have some

concrete proofs

I A Law Associates

Advocates High Courts

RWP/ISB

03005125516.

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Answered on 6/21/17, 7:34 pm
Adnan Bashir A B Choudry Law Firm

contact at

[email protected]

or

0333-5492377

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Answered on 9/25/17, 6:34 am


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