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Divya Deepti (Principal)     08 December 2011

Please help my friend

Dear all lawyers,


My friend had started a play school and took huge money from three person as investment. She had done agreement with them for the money.  Due to unavoidable circumstances she could not use the money in school. She gave few months interest to the investors. But due to unsuccess, she could not give them further. So they have complained to the police.  Due to fear she ran away and hided herself.

The investors made a website to display her photo with her details and they are advertising to trace her out.

Due to fear of police and websie advertisement, now she is ready to return their money from her father who is in US.

Please advice how she can contact the ivestor to settle the matter. Also inform me can the investors have right to make website and display her photo to the public?


Thank you sir in advance.....



Learning

 9 Replies

Pvt_RajKing (Private)     08 December 2011

Do you know what kind of police complaint was given against her? This seem like clear CIVIL case and thus police shouldn't entertain such complaint (in my opinion). I will reply to your rest of the questions after I have this information from you...

Raj

Pvt_RajKing (Private)     08 December 2011

If all that she has given is an agreement stating that she has taken money and will return the money then it is pure civil case. The only option the loaner has is to file a civil case for recovery. I do not think that they can file a criminal case for the same... so, there is no need to run away from police. Police have no role to play... Please find out what kind of complaint has been lodged (if any).... Consult a good local lawyer if you like...

Also, they will never have the right to put the pictures of her on the internet and defame her. Please get a copy of the website advertisement and file a defamation complaint against them (instead of running away)... If she is really planning on repaying them then there is no need to run away.... she can file criminal charges against them for the web advertisement.

If the other party goes to civil court then she can easily get more time to repay the loan....

Hope this helps....

Divya Deepti (Principal)     08 December 2011

Thanks for guiding us

 

Also let me know when can I file defamation against the advertiser. Because my repayment proceess will take long time.

If before my repayment is over, the advertiser found me and handed over to the police? Still can I be able to file defamation?
 

Pvt_RajKing (Private)     08 December 2011

Yes you can file defamation once you can prove it with evidence even if there is a case against you or arrested for it...

You still have not answered my question. How can the police arrest you on a civil dispute? The police cannot interfere in this case (unless you are not telling us everything)....

Divya Deepti (Principal)     08 December 2011

I have taken long time to think.  Sorry.

Ok, I am telling everything:

First, I started a play school in Ashok Nagar, Hyderabad and gave paper advertisement to attract people to invest money in my play school.  So many people came to invest money in my school showing my starting play school. I met every investor in a separate day and time. I told every one that I need only one partner and need 2 lakh rupees. But I took 10 lakhs rupees from 5 persons. I made agreement with everyone. I never met with them together.  Therefore they never came to know that I have taken money from 5 persons. Every one knew that he was the only one partner. I gave one surety to the investors telling that if any unusual thing happened in future the surety will pay the money on behalf of me. The surety was my boy friend Mr. Venkat who was taking money from 150 people telling them they would be given huge loan. In the name of processing charge he collected huge money from the public. I hided myself first in the month of September. Then next month Venkat also hided himself.  That’s why people are angry with us.

 

First we thought that we can manage to hide us. People will file case in civil. Police cannot find us in the known address. Thus time will pass and everybody will forget the matter. But we never thought that the investors will take the matter this way by making website to trace us. They are advertising to all people to visit the website to recognize us. I don’t know about Venkat. But I got fear and I want to settle the matter now. But I don’t know how?

 

This is the fact sir, Since two years we were planning to make huge money from public.  But we never thought about the future. Now we are feeling very sorry for what we have done.

 

Will the law excuse me if I return my money which I have taken from the public and also if I dettach myself from Venkat. I don’t know about Venkat what he is thinking. I want to be free from all these tensions.

 

Please advice me what to do?

Pvt_RajKing (Private)     08 December 2011

Wow!!! Thanks for telling us the truth...I think it is better you meet some good lawyer if possible... someone in the friends or family circle would be good... don't even think about lodging a defamation complaint since you clearly seem to be at fault here....

If you are seriously interested in paying them the money back then you can make a payment plan and send a letter to each of them via registered post and apologize for the loss and stating that you planned to repay them and here is the payment schedule for the same. Ask them to bear with you in the meantime...keep a copy of these letters along with postal proof...

The above should at least clear the air as far as your willingness to pay back...

In the meantime if you can find a good lawyer who can help with the rest of the process such as finding out the nature of the complaint as well as looking at the agreement and see what kind of crime it is etc.. that will be good...

Yam Raj @ PBI (Social Reformer - www.publicbureauofinvestigation.in)     10 December 2011

RajKing...... I agree with you. You have given her a good advice to come out the current situation on humanitarian ground. In my opinion, this type of cheaters should not be given any advice, straighway they should be booked and sent to judicial custody. She had preplanned to cheat people as she stated in her statement. Then it is strongly approved that she has committed crimes u/s 120B, 406, 420 IPC.

Divya Deepti......Let me know your present location of stay. You can give your contact details here in this forum, so that I can give the correct solution permanently for you.

Thanks

SACHIN AGARWAL (ADVOCATE)     16 December 2011

Good advice by Raj KIng.

venkatkrishna (AGM)     20 December 2011

Mr.Rajking,

She is deserved for legal action.  By the above story, it is very clear that  their plan was big fraud.  We should not spare such fellows.  She has to rent  her faults.  Let  her face the music of the polic and court.

Ms.Divya,  it is better for you, surrender before the police and confess.  Your surrender and confess may reduce the gravity of  case and courts may  consider your prayer.

VK.Vaishnav


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