Bogus complaint and cheating
Muthukumar
(Querist) 28 October 2014
This query is : Resolved
I borrowed a loan of Rs. 10 lakhs from my friend’s brother. For which I had issued a receipt. I paid back Rs. 8 lakhs through my partners in 4 installments. I did not take receipt for the payment made. Now, my friend’s brother has complained to the police stating that I have not paid any money. I have witness, who will tell about the payment made, but police say this witness is no use but I need receipt to prove the payment.
I would like your advice that whether witness can prove that I have paid back the money or receipt is the only proof for payment.
Police says that we will file FIR on this case. What is the solution? I have been cheated please help me.
ROHIT SHARMA
(Expert) 28 October 2014
Dear Mr. Muthukumar,
1. How could you be so negligent in not taking the receipts.
2. Have you paid in cash or cheque?
3. If paid by cash then you need to have some evidence from where you git the cash.
4. The Witnesses are eye witnesses and that is enough to prove your evidence in the court if the police files a F.I.R.
5. Have such witnesses make an affidavit in context if this payment done before them.
Guest
(Expert) 28 October 2014
Better Consult a Local Good Advocate and Be Protected Please
Muthukumar
(Querist) 28 October 2014
Dear Mr. Rohit,
Thanks for your kind reply.
1. How could you be so negligent in not taking the receipts.
I believe people because I am a teacher.
2. Have you paid in cash or cheque?
I paid by cash.
3. If paid by cash then you need to have some evidence from where you git the cash.
I have proof for source of cash.
4. The Witnesses are eye witnesses and that is enough to prove your evidence in the court if the police files a F.I.R.
There are also eye witness and paid my cash to the party.
5. Have such witnesses make an affidavit in context if this payment done before them.
They are ready to make an affidavit.
What should I do next?
Regards
Muthukumar
Muthukumar
(Querist) 28 October 2014
Dear Mr. Sudhir Kumar
Police wants money so they are harassing me.
Regards
Muthukumar
Devajyoti Barman
(Expert) 29 October 2014
If the Police is not registering FIR then you can get such direction through magistrate u/s 156(3) crpc. After that you have to prove the loan during trial.
File civil suit for recovery of money also.
Rajendra K Goyal
(Expert) 29 October 2014
You can meet higher officials of the police if they are harassing. This is a civil case and police should not interfere.
You should consult a local lawyer.
Sudhir Kumar, Advocate
(Expert) 29 October 2014
@ Mr Barman. I do not think that the author will be keen in getting case registered against him so he need not go to magistrate u/s/ 156(3).
Sudhir Kumar, Advocate
(Expert) 29 October 2014
@ Muthukumar.
If you are hiding any important facts police has no jurisdiction.
It depends that in which state you are and how strong is the state vigilance bureau. You can consider getting the bribe demanding cops arrested. The Vigilance Bureau people (whether effective or not) know the procedure which I do not want to describe here on open thread.
If it is police of any UT you can contact CBI.
T. Kalaiselvan, Advocate
(Expert) 02 November 2014
The police on a complaint for cheating shall go ahead with registering FIR against you. In such issue, you better obtain AB and challenge the case in the court. You have stated that you have repaid 8 Lakhs through your partners in four installments, but whether you did not have any record/receipt on all those four installments?Anyhow if the eye witnesses are ready to give evidence in your favor, you may challenge the criminal case accordingly. Better engage the services of a good local lawyer and proceed.
