Overview
NRIs are favourite targets for 'borrowing': friends and relatives take loans that are never repaid, builders take booking amounts for flats never delivered, business partners divert invested funds — all trusting that distance will protect them. It does not. Summary suits recover documented debts on a fast track, cheque bounce prosecutions convert dishonoured repayment cheques into criminal cases, and cheating complaints under BNS 318 add criminal pressure where the intent was dishonest from the start. All of it proceeds on POA with you abroad.
Key Provisions — BNS + Code of Civil Procedure + NI Act, 2023 / 1908 / 1881
- Order 37 CPC summary suits — fast-track recovery for debts backed by written contracts, invoices, or cheques, with limited defences.
- NI Act Section 138 — dishonoured cheques are criminally prosecutable; a powerful recovery lever.
- BNS Section 318 — cheating prosecution where money was taken with dishonest intention (fake investment promises, flats never intended to be delivered).
- Limitation is generally 3 years from when the debt fell due — act before your claim expires.
What You Can Get
How We Handle It
Document & Assess
Transfers, chats, agreements, cheques — we establish the debt and pick the strongest route.
Demand Notice
A legal notice with a payment deadline; a large share of matters settle here.
Sue / Prosecute
Summary suit, Section 138 complaint, or cheating FIR — often in combination.
Execute & Recover
Decree execution against the debtor's assets, salary, or accounts until you are paid.
Frequently Asked Questions
I transferred money by bank but have no written agreement — can I still recover?
Yes. Bank trails, messages acknowledging the loan, and witnesses establish the debt; the route just shifts from summary suit to ordinary suit or criminal complaint.
The builder hasn't delivered my flat for 6 years — what do I get?
RERA and consumer forums order refund of the full amount with interest, and delay compensation. NRI complainants appear by video.
Legal Connect connects you with independent advocates across India; we are not a law firm and this page is general information, not legal advice. We work with NRI clients worldwide — call +91 22 6555 3444 or WhatsApp us in your timezone.