u/s 138 of N.I.Act
Querist :
Anonymous
(Querist) 03 November 2010
This query is : Resolved
As an accused if I am able to prove on the basis of facts that the liability did not existed can I seek damages for the false complaint in a criminal court and harrasment from the complainant.
Can I claim for damages before closing the argument in the same court or I will have to approach a higher court to claim damages from the complainant after the judgement of the lower court
adv. rajeev ( rajoo )
(Expert) 03 November 2010
You cannot claim damages before the argument. Even you cannot claim damages on the complainant after the judgement, if in the judgement there is no observation that complainant has falsely and intentionally to defame the accused filed this complaint
Advocate. Arunagiri
(Expert) 03 November 2010
On acquittal you have every right to claim compensation for wrong prosecution.
s.subramanian
(Expert) 03 November 2010
If the prosecution is malicious,you can file a separate suit for damages.
R.Ramachandran
(Expert) 03 November 2010
Dear Anonymous,
It is a complaint u/s. 138 N.I. Act. For that the complainant has to produce a cheque issued by you which ought to have been bounced. When these two things are present for making a complaint, you cannot file any case subsequently that he filed the complaint only to defame you - even if you file, he can successfully defend himself. Rather there is also a chance that he can file a case against you saying that it is only in order to take revenge as a counter blast to the 138 complaint that he filed. So, if you succeed in defending the 138 complaint leave it at that.
Khaleel Ahmed Mohammed
(Expert) 03 November 2010
If it is police case, you cannot claim damages. If it is private case , you may claim damages from the complainant.
Kirti Kar Tripathi
(Expert) 04 November 2010
you can file, but after judgement that too if findings relating to fraud is appears in the judgment
Querist :
Anonymous
(Querist) 04 November 2010
Thank you Sir.
I will appreciate if you will calrify if the suit is to be filed in the same court or higher court (u/s ?)
Will it be necessary to carry out the cross and argument in a specific manner with usage of specific/particular words so that these words come repeatedly while the cross and argument is recorded and in the judgement the Magistrate may opt to use these words which may be favourable in filing a s€uit for damages
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 November 2010
There are three categories of evidence, proved, not proved and proved false.
Most of the cases come in one or two categories only.
If you are able to prove false than only after the decision in original case you can proceed against the complaint for both civil and criminal action.
If the case of the complainant is not proved no remedies available except that you are aquited/ discharged.
Arun Kumar Bhagat
(Expert) 05 November 2010
You can file but you will have to prove your case beyond reasonable doubt that the case was malacious because mere acquittal does not prove its malfideness.
