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Dr.Shivraj Dasari (personal)     31 January 2016

False case of criminal intimidation

Dear Laywers,

I am the owner of a flat in mumbai and I had rented it out to a family in 2012 til November 2015.While renting it out the flat was newly whitewashed, fully furnished, and all the appliances in working conditions. An agreement as per the leave and license agreement sections of Bombay,along with an annexure detailing all the items in each room was also appended in the agreement, and was duely signed with the tenants.The agreement had a clause indicating that any damages caused to the infrastructure would be duly recovered by the owners from the deposit payed by the tenant. Under the same clause we have returned major bulk of the deposit amount have have retained part of it to meet the expenses of the repairs and damages caused to the infrastructure, furniture and appliances. Now the lady(tenant) through a laywer has sent a notice asking to return the balance deposit amount. We replied to the laywer with all evidences(photographs) of damage caused. Now her laywer has filed a false complaint to the police accusing me of misbehaving,abusing and causing hurt to the lady under sections 504 etc,though I never interacted even once with her directly. All the while she has been emailing and whatsapping my wife.Please help me in drafting a complaint against her to the police proving my innocence.

Thanking you

 



Learning

 2 Replies

adv.raghavan (Advocate,9444674980)     01 February 2016

what is the stage of that complaint?  It is better to take on this people, rather running around filing  counter complaints and proving the same. If police have registered FIR you can go for quash of the same as the entire transctions is of civil  nature any criminal color to it will be counter productive.

Dr.Shivraj Dasari (personal)     01 February 2016

Dear Shri. Raghavan, Thanks for the reply. Currently, the PSI has contacted me and took all the details regarding the case, and he would be talking to the complainnant next. The case is at this stage now. My request is how do we proceed now in such a false case of criminal intinidation, I have never interacted with the lady even once , she was interacting with my wife on phone and mails. But she hoisted the case on me (husband). WE were staying abroad and returned only last year june. and We stay in Hyderabad and the lady (complainant) is our tenant in Mumbai. Hope this information will help in preparing our defense. Regards.


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