Query on Defamation And FIR
bharat garg
(Querist) 20 December 2017
This query is : Resolved
I am Bharat Garg From Ujjain. M.P . Business - RO water supplier. One customer who is an SBI official and my customer of RO water asked me to stop the water services and demanded for the bill from his official mobile number.
Since he is an acquaintance, I just in respect said , sir, don't worry about the bill, it is ok, if I do not send, you are like a family only ( ghar ki he baat hey) to which he said, that agar ghar ki he baat hey tou, tere ghar aa kar teri biwi k saath so jaaye. ( He actually used the F word) which I am even ashamed to mention here. I have the recording of that conversation.
I went to police, they took my statement, called that person, pressurised me to settle the case as he was feeling guilty and was apologising. He gave a written apology in the police station even, but I was in no mood to let him go so easily. I did not accept the apology and not given anything in written so far. The said incidence is of 5th dec. I am now planning to lodge an FIR against him and also a defamation suit.
My query is- is it a civil or criminal case?
What action can the bank in which he works can take on him?
Can he be punished for his crime by the court, seeing the recorded evidence I have against him?
Can I win a defamation suit against him?
How will be the defamation money calculated?
Looking for your expert opinion in this regard
Bhart garg
Sudhir Kumar, Advocate
(Expert) 21 December 2017
it is criminal case.
since the conversation was between you two and no 3rd persons (atleast appearing from your post) no case of defamation is made out.
when you make FIR and he is arrested then report to his employer.
Kumar Doab
(Expert) 21 December 2017
Isn't IT a repeated query !
