What legal actions can I take for money withdrawal dispute?

My friend withdrew money from multiple Winzo (online gaming) accounts incorrectly. Some of the mobile numbers linked to the Winzo accounts belong to me, and some to him (though I used to play). He has accepted his mistake (I have an audio recording where he says he will return the money) and mentioned that he will return it by 2028. However, he is not providing a post-dated cheque (PDC) for the same. What can I do?

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 16 Jan 2025

Playing online games with real money stakes like Winzo operates in a legal grey area, but the unauthorized withdrawal of money constitutes criminal misappropriation under Section 403 IPC, and you can file both a criminal complaint and civil suit for recovery using the audio recording as evidence. Since transactions were from your linked accounts, you should first file a written complaint with the cyber crime cell and the gaming platform, then pursue legal action for recovery of funds, though having a written acknowledgment of debt would have been stronger evidence than just an audio recording.

Admin
Advocate By LEAD INDIA Answered: 14 Dec 2024

Sir, if your friend has not provided the postdated cheque despite multiple requests then you may consider sending a legal notice with the help of an expert lawyer who will assist you in filing a civil suit in court of law for recovery of amount. For further legal assistance contact us on our helpline number.

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