Dear All,
My father law in a verbal partnership agreement with a person and ran garment business for almost 7 years i.e. 2001 to 2007 however, when my father was on long holiday leave from business, the said partner showed that the business is in loss but my father in law saw that the same person (partner) bought another commercial premises in same vicinity. The earlier verbally agreed term for profit sharing was 60% by my father in law and 40 % by the partner however the partner insisted for 50- 50 sharing. My father in law refused for the same. They mutually agreed to end partnership and my father in law agreed to pay Rs. 25 Lakhs to the said partner and he paid the entire amount finally in 2009.
After that, the said partner demanded more 12 Lakhs for which my father in law refused. Then he (The said partner) started threatening him to harm him and his family including abducting wife and daughters. My father in law lodged a complaint to the police and before police the said partner said that there is no due from him (my father in law) and he won't ask for the same too. He gave this statement in writing to the police.
After this, few days later, my father in law got a call from one of his banker stating someone has presented cheque for clearance from his account. My father in law shocked as he had not issued any cheque for the said bank branch. He immediately found that few more cheques are missing hence he stopped payment for all these cheques and filed missing report to the police station. The bank returned the cheque saying "signature not matching and fund insufficient". My father in law always sign in English whereas the cheque was signed in Hindi (Devnagri Script). he immediately filed complaint to the police and a matter under Indian Penal Code (IPC) is already running in the court in Mumbai. The police did it investigation and also took statement from witness in defend of both parties. The police finally submitted its investigation report to court saying that prima facie it has found that the complainant is right and the accused (My father in law's partner) is wrong as he chnaged statement and amount various time. All the cheque from the same cheque book had been used in 2006 only and why only 2 cheques in 2009 also matter of the question.
The police asked accused to submit the bounced cheque to them vaious time and asked to come for signature and handwriting verification but the accused never turned.
After some days, the accused file a case in another court in the same city i.e. Mumbai with the same cheque no. under Negotiable Instrument Act and told before the court that my father in law has threatened him and his family if the payment were asked. The honourable judge fired my father in law and also told him why shouldn't he been sent to jail for such act.
My father law was under shock and couldn't do anything. Now my question is that:
1. When the matter is already subjudice and for the same cheque, a criminal proceedings and investigation is on, can the accused file case to other court in same city under different Act?
2. Can the lawyer of accused be held responsible for professional misconduct and can complaint be made to Bar council?
3. Is the case maintainable in the another court where accused has filed complaint?
4. Can this matter (Threatening to my father in law's family) be reported to human right commission when it is alreadu subjudice?
5. Can my father in law's wife and daughters file complaint in National Women's Commission?
6. What other legal remedies available for us?
I hope help from your end
Regards
Govind
