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sidhu (student)     15 December 2019

My friend is harassing me

Hello Members, 

 

 I am AP, I have beeing facing harassment from my friend for a while. Here is what actually happened, 

  We are being friends of 9 years. some 5 months back I took x lakhs from him to help another friend.  The commitment was to return him back the amount in 15 days otherwise pay 2 rupees interest. My friend failed to pay me back the amount in said time and I could not pay him back in said time. He sent the amount through NEFT to my account. I acknowledge the payment received via email.  

   After 45 days I paid him back 25% of the principal. But I started facing harassment from him. He started to threaten to file a case against me if I don't pay him back the balance money in a short span. His threatening went for a few weeks. I was admitted to the hospital for viral fever treatment.  He did not stop sending me messages, in those messages, he iterated about filing a case against me. I assured him of the return of payment and gave a written bond and check for balance principal and interest after discharged from the hospital. 

   Recently I transferred him another 25% of principal and balance was 50% of principal and interest. The check I gave to him was for 75% of the principal amount and interest.  checked expired yesterday. Now I already returned him some amount via online transfer and check have excess amount, I asked him to return check and take a new check. I also asked him to update accounts on bond paper. 

   He started abusing and calling me a cheater and criminal. He is not returning check and update bond paper. He is insisting me to return all amount and interest. He keeps calling me a criminal (As we are friends, he knows a few matters about my personal life. I was falsely accused in a criminal case a few years back and the supreme court of India and supreme courted acquitted me and few others in the same case.  Very well aware of these matters he keeps calling me criminal. I told him that this is against the law of land to harass a person even the court finds him an acquittal.) later he calls my family is a criminal background. 

  He did not stop his abusive words and keep harassing me with his words, later he called me and abused me very badly with his abusive language which I could not bear any more. I am ready to clear his pending amount but via third party or law process. My questions

  1. I want to file case against him for abusing me and threatening me to file a case against me and calling me criminal repeatedly. 
  2. I want to return his amount and get back bond and check via third party or law(maybe court). 

Dear members, I already faced enough abuse in my life and i do not want to enter into further complications at the same time I am facing harassment form this person. All the communication was done in what's app and messenger which I can use as evidence. I want to file case against me, how to approach?

 


Learning

 5 Replies

Altamus   16 December 2019

If cheque and bond expired then why you want to get back those? What about your other friend to whom you actually gave the money? Ask him to return and pay to this abuser the pending amount. Try to solve this amicably with your common friends. Otherwise you need to feed police and lawyers for the case you want to file

K Rajasekharan (Advocate)     16 December 2019

Your narrative shows that you are at serious fault in this matter. You collected money from him and didn't pay him neither as promised or so far, is a serious wrong on your part, despite whatever is your reason for not keeping your promise.

G.L.N. Prasad (Retired employee.)     16 December 2019

Mr.Sidhu,

Here is a friend who has given x lakhs as a loan to you with a promise from you that he will repay the amount within 15 days.  You are paying him in instalments and you may be having reasons for protracting the matter.  Now that friend who helped you in need became your enemy for the only reason that he has demanded repayment of the money borrowed.  You can go to LSA file a prelitigation conciliation, get a full settlement deed drafted by an advocate, enclose demand draft for balance amount, with a statement of account.  They may summon your friend, now enemy and pay the amount to him, and get the settlement deed sanctity of award for full settlement.

You may contact an advocate and seek from remedial measures against your friend who was demanding amount lent to him, when you have failed in your promise.  Perhaps, he may guide you.  Those who faced abuse wish to cut the issue then and there and do not wish to prolong the legal battle further through court and purchase further problems.  Mental Peace in life should be the main goal in life.  

sidhu (student)     16 December 2019

Hello Members, 

 I agree that there is a delay from my part and also we reentered into another agreement with the interest of rupees 2 per each rs100. Now I am not running away from his repayment, but abusive language from him is killing me. I am unable to focus on my daily activities with this kind of behaviour, hoe can he behave like this? This just matter of 2 lakhs and half is repaid to me, I am in a tight situation to repay him in time. This does not mean he can abuse me and harras me. 

 I know about legal expenses and police charges, but I want to file a case so that it will not repeat again. What if he repeats the same behaviour in public after repayment. I help him lots of time but never behaved like this. I like to know what are sections that cover for following

  • Calling a person and his family criminal.
  • Threatening a person to file a police case against him without any offence. 

I know ethics but at what cost? 

Dr J C Vashista (Advocate)     28 December 2019

This is not a tutorial platform.


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