Role of police and how will they itterogate
Kishor
(Querist) 22 March 2014
This query is : Resolved
What should be the role of police and how will they interrogate to me ?/
Dear Sir,
Two years back i took amount of rs 3.5 lacs from one of my friends for doing business and decided to pay him share of profit as consideration instead of any interest for which he gets agreed, in start as i started refunding the same to him and refunded around 1 lacs in first two months but because of some business problem i need to disconnect my business and i was just bank krupt at that time i had informed him that i will pay him whole sum with appropriate consideration.
As i was in depression and in big loss, fortunetly i got a good job opportunity from abrod with good salary and i accepted that and went there.
within next three months i had paid more 50000 to him.
But later on he informed me that he had diverted the whole amount which i had paid to me in interest. when i was out of idia he forcefully taken something in writing from my perents and as my perents were not so much litrate they gave the same without informing me with a good concent.
since earlier i was in business i need to issue cheques, i use to keep signed and crossed, and as the investor use to come to my office he took some cheques which i unable to come to know. when i come to know that the cheques are misplaced i had put stop payment requests with bank but didnt file any complaint with police.
Now he is trying to take the advantage of the cheque.
He has now put around 600000 amount on the cheque and deposited in bank but due to stop payment it get returned but instade of the same he deposied the cheques thries.
when he had deposied the first time i had filed a compliant with police stating all the above facts and they called the other parties.
I dont want any quarrel and litigation and ready to pay the amount also as i had taken it but appropriate amount.
My Queries are .
1. Can he file complaint against me under sec 138, 420 ??
2. What is the procedure with police station and courts ??
3. What are the leagal remedies available to me ??
4. Can police file complaint like "Cross Complaint"
5. Are police going to arrest me, i am afriad becouse he have a good friends with police and due to loss in business i had lost my goodwill.
Please Assist
mala
(Expert) 22 March 2014
Dear Friend
Nobody can touch you. Rather you can lodge a complaint with the police stating that by threatening your aged parents signatures on blank papers were obtained and the contents are totally false and fabricated and other cases as experts in this club can very well explain to yu. For taking a loan there should be some agreement and the person who give you loan must be registered as per banking rules if not you file a case against him in this regard since taking more interest such as 2 % per hour etc are illegal 08802868875
Biswanath Roy
(Expert) 23 March 2014
You lodge a complaint in the local police station stating that you took loan for Rs....from one of your friend namely........son of ......... residing at ................on ..........to start a business which was wound up due to business loss but even then you paid to your friend Rs. against said loan. Thereafter you got a job out of India and from your salary you paid Rs. as payment against said loan But during your absence from India your said friend took some signatures from your father and mother on some blank papers which as you are apprehending that your friend may use those for manufacturing fabricated documents in respect of your said loan with the intent of extorting more money than that of actual amount receipted by you. Keep a duplicate copy with signature and seal of the P.S.FOR YOUR NEED IN FUTURE.
Rajendra K Goyal
(Expert) 24 March 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Sec-406-420-138-of-ipc-and-role-of-police-461136.asp#.UzAZ94VRx3A
T. Kalaiselvan, Advocate
(Expert) 25 March 2014
since you have already filed a complaint, let him also lodge a complaint against you, since this becomes a counter case, you can challenge his case before the court.
