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Extortion of money by girl 's family

(Querist) 29 August 2014 This query is : Resolved 
Respected lawyers,

My brother 's wife came with gang of goondas to my parents and took the cheques of 7.5 lakhs , by snatching the mobile phones and threating to file FIR.

This incident happened in 2012 Novemeber, Now I am planning to file a complaint in the police station against them. You may ask why there is so much delay, but as I m US citizen and as I was caught up in the work, it was very hard for me to come trip , but now I want to take action against them, will police arrest them when I complaint against the girl and her family?

Thanks & regards.
ajay sethi (Expert) 29 August 2014
the complaint sought to be made no appears to be an after thought . if such incident had indeed happened in Nov 2012 your brother should have filed criminal complaint of criminal intimidation on said date or very next day against his wife and unknown persons
Rajendra K Goyal (Expert) 29 August 2014
Whether the cheques were ever presented in the Bank?

Whether the stop payment instruction were registered and informed about forcibly snatching of the cheques?

Why the old parents or any other family member did not immediately reported or lodged the case through court?

At this stage, it seems difficult to fetch desired results, if the cheques has not been presented by them till date.
youngbro (Querist) 29 August 2014
Rajendraji,

Yes the Payment was stopped, she did go to bank to deposit the cheque, and when she knew that payment was stopped she slammed my brother with 498a case.

My Parents were too shockedwith the events, I agree my brother should have reported , but he did not which was a big mistake.
Sudhir Kumar, Advocate (Expert) 29 August 2014
when you were not even present n India how you can file FIR.
youngbro (Querist) 03 September 2014
Sudhirji,

I am really frustrated by seeing so much injustice, I am planning to come to India for 2 months and then file the FIR.

Thanks
V R SHROFF (Expert) 03 September 2014
TOO LATE..
WHAT IS INJURY??
WERE CHEQUE PASSED ??
Sudhir Kumar, Advocate (Expert) 04 September 2014
SORRY I AM HARD AND BLUNT BUT YOU HAVE TO SEE THAT 2+2=4

WHO ARE YOU TO FILE FIR?


were you manhandled/looted?
were you present at the scene of alleged crime?

You a US Citizen family member not available at the time of crime. There is no justification for delay in reporting for the sake of your arrival in India.


YOU ARE A NON-ENTITY. carrying us nationality and few $ does not make you the sole spokesperson of each family member.

further you said that "I am really frustrated by seeing so much injustice"

No injustice has been caused when the crime is not reported by the victim.

THEN HOW DO YOU EXPECT FIR TO BE DECIDED WITHIN TWO MONTHS?
Sudhir Kumar, Advocate (Expert) 15 October 2014
Connected threads

http://www.lawyersclubindia.com/experts/Mediation-failed-493186.asp#.VD3Uu1eO5G0

http://www.lawyersclubindia.com/experts/Judge-issued-warrant-to-the-wife-500841.asp

http://www.lawyersclubindia.com/experts/filing-Green-Card-while-498-a-is-going-on-476586.asp

http://www.lawyersclubindia.com/experts/498-a-false-case-wife-name-in-blogs-484601.asp

http://www.lawyersclubindia.com/experts/extortion-of-money-by-girl-s-family-493691.asp#.VD3QaleO5G0




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