email validity.. and contempt of court
Querist :
Anonymous
(Querist) 11 April 2010
This query is : Resolved
Dear sir/mam
plz guide me regarding legality of e-mail to give authority to his advocate to appear in court if one is out of India, he has filed FIR against me u/s 406/420/504/506...
Following are relevant points-
1. he has given me 6 lacs to invest in stock market thru chq... i took that in my personal a/c to trade as he was my good friend settled abroad..
2. that amount suffered heavy losses due to market crash in 2008, now he wants his all money back... when i told him the situation.. he was annoyed and filed FIR stating that he gave me the amount for investing in buying flat in NCR.. infact we my dad bought the flat in later 2008 from the amount he received from selling another house in our native place and rest amount taken on loan....
3. i am very much depressed as i have lost all for nothing.. i lost my friendship, money and family reputation..
4. i have given him chq of 80k, which was stopped payment as i gave him cash for that... but didnt take that chq back as he was my good friend.. now he used that chq against me
5. SHO has given final report in my favor taking into consideration all situation around..
6. now he has filed protest against FR in court thur email to his lawyer..
plz guide wht to do, can i protest for his email and ask for his personal appearance( it would cause him inconvenience and he may take the case back)... also he has written following line in his authorizing mail to his lawyer--
He wrote " when i left India in1996 the law and order at that time was in worst form and it continues the same till now... i know today it is very difficult to get justice for a common man in India"
Can we take this writing in our favour, isn't this a contempt of court and our legal system.. can we charge him for the same to make our case strong...
Plzzz help
saanvi
Raj Kumar Makkad
(Expert) 12 April 2010
No. Merely expressing his views about the general law and order situation and mentioning that it is difficult for a common man to gt justice in India is not a sin inviting any contempt of court proceeding against him. Even the CJI has expressed the similar views in various public functions. There is a confidential relationship between a cleint and his lawyer and any opinion or views exchanged between them cannot be brought either in public or in court.
Querist :
Anonymous
(Querist) 13 April 2010
thanks for the reply Makkad ji, one more suggestion plz.... i have expressed my situation above... plz tell wht should i do to safeguard myself as all allegations made by him are false....
Plzz
