FALSE CIVIL SUIT AS PRESSURE TACTICS
rajan chopra
(Querist) 02 May 2015
This query is : Resolved
Sir one of my friend had borrowed rs forty thousand from me with assurance that he will return it in a short span.He instead of returning the money in cash had issued two cheques of twenty thousand each of seperate dates.The first cheque got encashed on counter as it was not crossed.I presented the second cheque for encashment in my bank as I wanted the amount to be deposited in my account on the due date.But to my utter surprise the cheque returned umpaid fot want of funds.I intimated my friend about it but he did not respond positively.i initiated proceedings under ni act against him.My friend in order to pressurise me and get rid of criminal complaint filed against him by me has filed a suit of recovery against me on the basis of payment of rs twenty thousand made through cheque to me claiming that he lent that amount to me but in fact he made this payment by cheque to clear his liability towards me.Now he is trying to bargain with me by saying that he will withdraw the suit if I also withdraw.In this situation is there any solution to save my interest and get out all of these?
Dr J C Vashista
(Expert) 03 May 2015
Contest both the cases, truth will prevail.
Sudhir Kumar, Advocate
(Expert) 03 May 2015
You have forgotten the basic principle.
Money given to friends and relatives is always a charity in the garb of laon and is taken with no intention of refund.
You should have been contended that even half if your charity has come back.
Sudhir Kumar, Advocate
(Expert) 03 May 2015
Anyway.
In this case you have filed a criminal case which is true and harsh and he filed a civil suit which is false.
You probably have no record (atleast as apparent) or proof that you lent him money and cheques were issued for refund. If that is so he can well argue that both these cheques were loan given to you. If he succeeds in civil suit then he can also prosecute for malicious prosecution and extract further compensation.
Please come with better facts if you have any.
Devajyoti Barman
(Expert) 03 May 2015
Both the case will go on and you have to fight both as well unless an amicable settlement which seems logical conclusion happens.
Rajendra K Goyal
(Expert) 03 May 2015
You have to proceed with both the cases and prove the facts before the court.
T. Kalaiselvan, Advocate 
(Expert) 05 May 2015
What is the evidence you possess for having lent the money to him? It will be difficult to prove that he borrowed the money from you in the absence of concrete evidence against him. See the next possibilities and proceed accordingly.
Biswanath Roy
(Expert) 06 May 2015
Falsity of Civil Suit can be proved subject to disclosure of the case records both civil and criminal along with the xerox copy of the returned cheque with reason shown by the Bank.
