False allegations about money and raised an fir againstme
madhavi
(Querist) 11 June 2017
This query is : Resolved
One lady filed a false case that she gave the money 11 lakhs and not returned back and raised an fir against me.....No evidence that the money was given but I can admit that and can show an evidence that I returned back the same through bank account...How can I punish her for such a false case and defaming me...kindly advise
madhavi
(Querist) 11 June 2017
How to punish the lady for framing false allegations ....any section supports the case
madhavi
(Querist) 11 June 2017
How to punish the lady for framing false allegations ....any section supports the case
Guest
(Expert) 11 June 2017
Is not it strange, there is no evidence that the lady gave you the money, but you have the evidence that you returned the same what was not given to you!
By the way, what for she said to have given you the money of Rs.11 lakhs, even if assumed to have given.
Similarly, what for you have given Rs.11 lakhs to her, when she did not give you any money?
madhavi
(Querist) 11 June 2017
Sir we purchased our firm car with a bank loan ...she gave the amount for certain business activity and we returned back the amount.....now she is claiming the car as she represented the company at the time of registration which is false.....and instead raised an fir regarding the amount....the car is under her possession.....hence we complained and the car is at ps....we want to take the car through court and prosecute her for tampering the records...advise...I admit she gave the money and we returned back...
Kumar Doab
(Expert) 11 June 2017
What business purpose is involved!
"she gave the amount for certain business activity "
Kumar Doab
(Expert) 11 June 2017
So her complaint is not false to the extent that she gave money.
The falsehood is that she does not admit having recieved the money back.
Kumar Doab
(Expert) 11 June 2017
If company's business interests, assets are involved then let company's own lawyer/legal cell/law firm handle it.
Sudhir Kumar, Advocate
(Expert) 11 June 2017
Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.
Such loan is taken by a person:-
(i) Who lacks business sense and cannot raise funds out of his own business and suddenly wants to be rich.
(ii) who cannot raise bank loan because :-
Either
he himself is not creditworthy
Or
the purpose for which he seeks loan is illegal
or
the purpose for which he seeks loan is not at all commercially viable.
(iii) Who knows he can afford not to refund.
(iv) Who trusts his thick skin
(v) Who intends not to refund
(vi) Who has made fortification against action of refund.
So he has to find someone who can part with his money. SO he finds a lender near him (friend or relative)
Such loans are given by the persons :-
(i) Who has surplus money.
(ii) Who displays and boasts of such surplus money.
(iii) Who stupidly believe that there will be a refund.
(iv) Fails to realise as to why he alone (not bank) is being contacted for loan.
(v) Who has extreme trust on the debtor
(vi) who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.
Such loans are always given
(i) Without documentation.
(ii) Without witness
(iii) Without guarantor.
(iv) During cordial relations
Soon after giving such loan :-
(a) Relations are no more remain cordial
(b) Business started by such money (easy money belonging to other) invariably fails.
(c) Such loans always sink and not refunded.
(d) Person seeking such refund suffers at legal process.
(e) Person seeking such refund legally or by persualtion is socially criticised.
Dr J C Vashista
(Expert) 12 June 2017
So many "ifs" and "buts" create suspicion in the mind of a reader of the query.
There is involvement of Rs. 11 lakh through business car, which must be branded and costlier, as stated by author. Besides this, some unbelievable facts have crept up in this query.
Such business house must engage and seek professional services of a lawyer.
Contact, consult and engage a prudent lawyer for proper analyses, guidance and proceeding.
P. Venu
(Expert) 12 June 2017
Has the matter reached the court?
madhavi
(Querist) 14 June 2017
Sir....police called me yesterday and handovered the car and rc book.....they asked me to take the vehice first......donno abt the cases......can I continue my case and see that the persons who tampered the records to be legally punished
