Abusive email and sms by ex- business partner

Mayank Arora (Querist) 05 August 2014 This query is : Resolved
Dear Experts,

I started a business with a person 2 years ago. We had a disagreement and the person sent me abusive SMS and emails at that time (July 2012). I never replied in an abusive manner and messaged him back to talk properly, but I did not take any more action thinking he wouldn't repeat it.

Then he left the business and we did not talk. A few days back, he called up again and started abusing. This time he just did it on a call and not in writing, unlike 2 yrs back.

Can I take any action against this person? Can I use the messages and emails he sent 2 yrs back as evidence (I've preserved it), or would it be considered invalid now?

Thank You

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ajay sethi (Expert) 05 August 2014
dont take any action now . next time he calls up record the conversation . then file police complaint

Guest (Expert) 05 August 2014
Agree with Shri Ajay Sethi.

Mayank Arora (Querist) 05 August 2014
Thank you Mr Sethi and Mr Dhingra.

I would not really like to talk to this person at all. Can I take any action right away based on the 2 year old evidence? Or does it become time barred?

I regret not pursuing it further 2 yrs back, and just wondering if I could do something about it now without waiting for another call.

Guest (Expert) 05 August 2014
You are welcome. However, 2 year old evidence will have relevance along with any recent evidence, as that can prove repeted instances of abuse.

Rajendra K Goyal (Expert) 05 August 2014
Record conversation next time and proceed. Agree with the experts.

R.K Nanda

(Expert) 05 August 2014
agree with experts.

T. Kalaiselvan, Advocate Online

(Expert) 06 August 2014
It is better to wait for one more chance by allowing him to come back with the similar kind of attitude and proceed as advised by experts.

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