Breach of trust
FM
(Querist) 06 November 2012
This query is : Resolved
If someone returns my own money taken from them, and then files a criminal case saying I extorted that out of them for a different reason, does it amount to breach of trust/cheating?
Giving the evidence to the police showing it was my money merely being returned has not helped and I am being chargesheeted based on my own money!
The person in question is my own relative who has added a lot of surrounding family drama and false witnesses to falsely build up the case. HC did not quash it as it was a matter of evidence.
There is documented proof of entrustment. The problem is that the money has been returned but has been coloured as an extortion attempt. Can I file a countercase such as breach of trust?
Raj Kumar Makkad
(Expert) 06 November 2012
You cannot file such case at this stage. It shall be better for you to concerned only upon this case and once you get acquitted from the case, file against him for malicious prosecution.