Defamation case for 138 NI Act

Baskar (Querist) 15 December 2010 This query is : Resolved
Sir, I was accused of cheque return & case was filed against me in 138 NI Act. I won the case. This Cheque was originally issued to the scribe of this case. But he filed case on me on his cousin brother's name as compliantant. These are the following points that magistrate wrote in the Judgement.
1.No legal liability arises.
2.Attestor said that pronote was blank when he attested.
3.Scribe Has made statement in court that he knew all the transactions but before trial started the same scribe has given me a written advocate notice that he doesn't know any of this transaction.
4.Three different inks was used.
I need to know that can I sue the complainant & Scribe who are brothers who wantedly filed a case on me to get the monetary benefit. If yes what type of case shall I file against them.

Follow Query

Report Abuse

Guest (Expert) 15 December 2010
(1) You can very well file a case against both u/s.500 I.P.C. for defaming you and filing a false case (malicious prosecution) against you with false and baseless allegations.
(2) Under Civil Law also, you can also file a suit for damages (i.e., for money for spoiling your name in the eyes of public), but you should pay stamp duty for the amount claimed. You can file two cases side by side.

SAANJAAY GUPTAA (Expert) 16 December 2010
Yes you can file the cases as stated by Mr. Gurunarayana.

s.subramanian (Expert) 16 December 2010
yes

adv. rajeev ( rajoo ) (Expert) 16 December 2010
Yes you can.

Kirti Kar Tripathi (Expert) 16 December 2010
agree.

Baskar (Querist) 16 December 2010
Thank You All but I need to know whether I can sue them in criminal court & act. They made me to suffer for 4 long years. The scribe has lied in the court. Complainant & Scribe both jointly misused my cheque. I kindly request you to help me that how can I sue them in criminal court. Defamation case I am intending is for justice & not for money.

O. Mahalakshmi (Expert) 16 December 2010
I agree with Sanjay

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries