Defamation case
RC Gayatri
(Querist) 25 September 2014
This query is : Resolved
Dear Sir,
Could you please pass your inputs on the below.
I borrowed 1 lakh money from a person. I signed on promisory note and gave a cheque mentioning the date and all. All this has happened more than 15 months back.
After some months I paid the amount to him but did not collect the promisory note and the cheque from that person . But the cheque date has gone. Means it is expired now.
The other person is going everywhere and talking before everyone that I vow money to him and he will file a case blah blah blah. All this is harassing me psychologically.
1) Can I file any defamation case on him now. Will this stand under defamation case ?
2) Can we file defamation case directly Or is it left to the Judge/court itself to take it as defamation case or not ?
3) If I file a defamation case Can the other person harm me in anyway with the promisory note and old dated cheque he has ? Is there any possibility under legal rules ?
4) Incase If i file defamation case Is it mandatory for me also to go and to attend court time and again just like the other person on whom I am trying to file a case
5) Please guide me how should I proceed further.
ajay sethi
(Expert) 25 September 2014
just send a letter by regd post AD to lender that loan of Rs 1 lakh has repaid and request lender to return the promissory note and cheque lying with him . also request lender to refrain from making any defamatory statements regarding any outstanding loan due and payable by you . wait for his reply
RC Gayatri
(Querist) 25 September 2014
Sir,
Even though I did not send any regd post letter to that person I asked him to refrain from making any comments many times but it did not get stopped.
Can you please clarify me on the below points. Please....
1) Can I file any defamation case on him now. Will this stand under defamation case ?
2) Can we file defamation case directly Or is it left to the Judge/court itself to take it as defamation case or not ?
3) If I file a defamation case Can the other person harm me in anyway with the promisory note and old dated cheque he has ? Is there any possibility under legal rules ?
4) Incase If i file defamation case Is it mandatory for me also to go and to attend court time and again just like the other person on whom I am trying to file a case
5) Please guide me how should I proceed further
Nadeem Qureshi
(Expert) 26 September 2014
Dear Querist
My opinion on your queries are as under
1) Can I file any defamation case on him now. Will this stand under defamation case ?
Opinion: Read section 499 of IPC for Definition of Defamation.
2) Can we file defamation case directly Or is it left to the Judge/court itself to take it as defamation case or not ?
Opinion: If there is any proof or witness regrding these comments then you may file the same but if there is no receipt or acknowledge of repay the loan then he may file a civil suit for recovery against you and claim his money which is paid by you but you could not collected the Promissory note or cheque. you have to file with the title, the court can not do any thing in your plaint.
3) If I file a defamation case Can the other person harm me in anyway with the promisory note and old dated cheque he has ? Is there any possibility under legal rules ?
Opinion: Read as above
4) Incase If i file defamation case Is it mandatory for me also to go and to attend court time and again just like the other person on whom I am trying to file a case
Opinion: Yes it is mandatory to attand the court and appear before the court on every date otherwise court may dismiss the case with cost or without cost.
5) Please guide me how should I proceed further
Opinion: Think about Mr. Sethi's opinion
RC Gayatri
(Querist) 26 September 2014
Sir,
Can you please throw some light on "Read section 499 of IPC for Definition of Defamation."..
and one more last question
"Can the other person harm me in any way using the expired cheque(date got passed way 3 months back) which I gave him at the time of taking money "?
