Blackmailing and threatning to file police complaint of 420

manoj kumar (Querist) 24 September 2018 This query is : Open
In the year 2015 i took a friendly loan from one of my friend of amount 4 lakh 80 thounsand by cheque,slowly i was repaying him and paid him 1 lakh 90 thousand by bank transfer till december 2016.But his behaviour started changing and he started asking for more amount like 15 lakhs as interest of loan and he started scaring me on phone and wats app and coming to my place.But i was rigid at my words and finally he gave up and we made a notary contract in april 2018 in which he accepted that he gave me 4 lakh 80 thousand and 1 lakh 90 thousand is received by him from me and for the rest amount of 2 lakh 90 thousand i issued him 2 cheques of 2 lakh 10 thousand and 80 thousand dated 03 may 2018 and 15 oct 2018 respectively.he said he need some money early for his some urgent work so i started paying him from 16th april itself even before the cheque date by online bank transfer till 4 jun i paid him 1 lakh 46 thousand and suddenly he again started asking more amount then what was decided in the agreement so i stop paying him and did the stop payment of 2 lakh 10 thousand cheque as i have already paid him almost 70 % of the amount of the cheque to him by bank transfer.
In july mid he deposited my cheque which was returned to him with remark stop payment done by payee.he started telling me tht i will take u to the court and sent me a notice of demand of money in 15 days which was received by me on 14th aug 2018 but in his notice his lawyer didn't mentioned anything that his client has already received 1 lakh 46 thousand by me through bank transfer and only 64 thousand is remaining to pay,they have stated in the notice to pay whole 2 lakh 10 thousand in 15 days or else they will initiate 138 ni act case against me.
i went to my lawyer and explained all the situation to him and he replied to the notice stating tht 1 lakh 46 thousand is already paid by my client and only 64 thousand remaining to pay by my client and my client is willing to pay the rest amount only if your client ready to return the cheque.After he received my notice i did phone to him and asked him what should be done further and he started blackmailing me tht instead of remaining 64 thousand he need 80 thousand and he also want the money of pdc cheque of 15th oct 2018 paid to him immediately or else he will file a police complaint against me of 420 case.

1)i want to know can police file his FIR ithout even knowing my side directly?
2)In 420 case summon is issued from court to be present there or police send the notice to be present in police station?
3)can they arrest me directly if i go to police station?
4)what defence should i present infront of police so tht police dismiss the case or reject they FIR.complaint as this is surely no case of 420 as i have read tht one have to show tht the intention of payer was of fraud and to cheat will issuing the cheque whereas i have even started paying him cheque amount before the cheque date.
5)can police harrass me ? what can be done in such situation?
6)what if any settlement happened in between me and my opponent?can police dismiss the complaint or FIR?
7)Can i also file a police complaint against my opponent of harassment and blackmailing against my cheque?
8) Can 420 case effect my verification process in getting passport?

i know its a very big post but stating the facts was very necessary to talk about my case.i request experts to pls advice on urgent basis....

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P. Venu (Expert) 24 September 2018
Please post simple facts.

manoj kumar (Querist) 24 September 2018
hello sir,simple facts means?These are facts.....

manoj kumar (Querist) 25 September 2018
Please experts reply.....

Guest (Expert) 25 September 2018
Discuss with local Advocate in full detail and seek the preventive measures.

manoj kumar (Querist) 25 September 2018
he is not guiding me properly......

Sudhir Kumar, Advocate (Expert) 27 September 2018
You have posted facts in hapahzard manner.

All that is understood that you had a liability to pay and issued cheqaues and then made stop payment.

420 can be filed by police without your version and no court order is needed before arrests and bail is not for sure.

Your defence can be that you have already refunded what is due and issued fresh cheque to him which is paid by the bank.

Police cannot harass your but can only arrest you and send to jail. If they give you opportunity of mutual settlement before FIR you will term it as harassment.

The case can be dropped at the request of the complainant even after your arrest or even before registering of FIR.

Given facts do not indicate any case of blackmailing on other person. So forget giving FIR against him. Better concentrate that FIR is not filed on you for which you have already provided material.

Yes this case can effect your verification process.

manoj kumar (Querist) 27 September 2018
I am sorry sudhir ji but i guess you have not got my story correct.in short i have paid him 1 lakh 46 thousand out of the cheque amount of 2 lakh 10 thousand and then he started blackmailing me for more money then wat mentioned in cheque and agreement thts why after knowing his intention i did stop payment of cheque ,i even replied to his notice that give the cheque back and take the remaining money but instead of him doing tht he is blackmailing me by saying tht give me so and so amount or else i will do FIR againt you of 420 ipc.

Blackmailing and threatning to file police complaint of 420

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