Querist :
Anonymous
(Querist) 17 November 2011
This query is : Resolved
In an oral agreement for sale a house, I paid some advance money to the seller (my neighbor) by bearer cheque. After three months he refused to sale and assured to refund. In two years he refunded only one fourth of advance money. Last installment was in February 2011. Details of installments of refunded money are written in a plane copy / notebook with signature of both parties. In June 2011 he filed a false easement right suit against me (my house, under construction). In this case written statement was submitted by me and next date is in December. From August he starts saying that- you construct your boundary wall two feet back otherwise due amount will not refund. I have a video recording in which he recognizing refunded and due amount and note book’s entries and giving blackmailing statements repeatedly. My lawyer suggests that- first you should lodge a FIR and start criminal proceedings because civil proceedings are very lengthy. This will create some pressure and also affect his service (he is a fourth class government servant). Due to these reasons he may come to the settlement/compromise. If this not happens then you file a civil/ money recovery suit. My questions are – 1. The documents/evidences I have are sufficient for my case? 2. Can criminal and civil case be possible on the same issue, even parallel? 3. How can affect the criminal case to service life of a government servant.
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