Can I take legal action against someone who took money from me and is not returning it, I only have his Voice Messages

Public Legal Queries
1

AoA, can I take any legal action against a person who has taken money from me and not returned, there is no proof of giving him the money, but I have voice msgs from him telling me that he would return it

2

Yes, legal action can be initiated against a person who has taken money and is not returning it, even without written proof. Here’s a breakdown of how such a case can proceed under Pakistani law:

Legal Options

  1. Suit for Recovery of Money:
  • You can file a civil suit for the recovery of the money. The absence of written proof does not bar you from seeking legal recourse.
  • Burden of Proof: The initial burden lies on you to prove that the money was indeed given to the defendant.
  • Relevant Judgment: In Sufi ABDUL MAJID Versus NADIR ALI, 1994 M L D 738, it was held that even when a party fails to produce evidence, the court must consider admissions made by the opposing party in their pleadings.
  1. Admissibility of Voice Messages:
  • Your voice messages can serve as crucial evidence. In the case of Nasir Mehmood v. The State, 2005 YLR 2502, the court considered audio cassettes as evidence, stating that their admissibility and sufficiency would be determined by the trial court.
  • Qanun-e-Shahadat: Article 40 of the Qanun-e-Shahadat (10 of 1984) requires the proper recording of statements during the investigation.
  1. Criminal Breach of Trust (if applicable):
  • If there was a clear understanding that the money was to be used for a specific purpose and the person misappropriated it, you might also pursue criminal charges for breach of trust.
  • Relevant Judgment: THE STATE‑Appellant Versus MUHAMMAD HUSSAIN‑Respondent, PLD 1966 Karachi 449, reinforces the accountability of public servants in handling public funds and the consequences of misappropriation.
  1. Order XXXVII, Rule 3 of C.P.C.:
  • Order XXXVII provides a swift mechanism for recovering debts based on negotiable instruments.
  • Relevant Judgment: As highlighted in Muhammad Ali v. Wali Muhammad, 2009 YLR 1817, strict adherence to the law is mandatory in suits under Order XXXVII, Rules 1 and 2, CPC, due to the serious consequences of default.

Illustrative Steps to Proceed

  1. Document Everything: Compile all available evidence, including voice messages, records of communication, and any other relevant material.
  2. Legal Notice: Send a legal notice to the person, demanding the return of the money within a specified period.
  3. File a Suit: If the person fails to comply with the notice, file a suit for recovery in a civil court.
  4. Present Evidence: Present the voice messages and any other evidence to support your claim.
  5. Witnesses: Produce any witnesses who might have knowledge of the transaction or the defendant’s acknowledgment of the debt.

Judgment examples where suit of recovery has been discussed are following:

  1. Ch. MUHAMMAD SAEED Versus RIAZ-UL-HAQUE, 2003 CLC 992: the court underscored that sufficient opportunities must be provided, but failure to utilize those opportunities can result in adverse consequences, such as the closure of evidence.
  2. MEHFOOZ AHMAD Versus Messrs SHARIF AGRI INDUSTRIES, 2009 CLC 343: This judgment reinforces the principle that courts may take penal action against parties that repeatedly fail to produce evidence without reasonable cause.

Conclusion

Even without written proof, you can take legal action to recover money from someone by utilizing voice messages as evidence and filing a suit for recovery. Ensure that you compile all possible evidence and follow the proper legal procedures.

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