Wrongful Serving of Summon Notice

Guest (Querist) 23 November 2008 This query is : Resolved
My client has been wrongfully made a party to a dishonoured cheque issued by someone and my client has been served a summon notice u/s 68 of the Code of Criminal Procedure. Now my client wants to teach a lesson to the notice serving party for mental harassment and for monetary compensation for advocate's fee etc. What could be the best way to fight against the opposite party ?

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Tribhuwan Pandey (Expert) 23 November 2008
For monetary compensation & advocate's fee etc. send him a notice claiming a compensation failing which file a suit under tort.

Guest (Querist) 23 November 2008
Many thanks for your reply.

RAKHI BUDHIRAJA ADVOCATE (Expert) 24 November 2008
u can send him a legal demand notice under the LAW OF TORT, demanding the compensation etc. by mentioning the reason.

Guest (Querist) 24 November 2008
Thanks for your reply.

A. A. JOSE (Expert) 24 November 2008
Apart from above steps, you may also resort to defamation proceedings please.

G. ARAVINTHAN (Expert) 24 November 2008
If your client want to get remedy, he can approaching a civil court for filing Suit under tort for compensation will do.

If your client want to punish him, then definitely defamation is the offence

Guest (Querist) 25 November 2008
Many Many thanks for your valuable reply.

Suresh Kr. Mitruka (Expert) 26 November 2008
Criminal case for defamation and malicious prosecution can be started

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