case transferred to the complainant's hometown
Querist :
Anonymous
(Querist) 29 September 2016
This query is : Resolved
Dear sir, I live at Noida. I borrowed some money from an acquaintance from near my residence, against an undated security cheque. I paid back in parts over a period of time but the lender grew mischievous and denied to return the security cheque. Though he is accepting receipt of payment over a telephone conversation recorded. The transaction was in cash both ways. Just to harass me, lender filed 138, 420 case at his hometown which subsequently got transferred to Noida Court but he got it transferred back to his hometown as he knows I will not be able to defend it there. My query is -
1. Should I hire a criminal lawyer or a civil lawyer?
2. What should be my line of defense ?
3. Can I get the case transferred back to Noida?
I'll be obliged if you could guide .
Raj Kumar Makkad
(Expert) 29 September 2016
1. Criminal
2. Your lawyer shall be the best judge. The ground might have been prepared by you while replying the notice sent by complainant prior to filing of the complaint. The same line is to be adopted.
3. No.
Querist :
Anonymous
(Querist) 30 September 2016
Thanks for your invaluable guidance Sir. No notice has been received so far in this case, I only came to know about his initiating legal proceedings through a common acquaintance and then I started to keep an eye on the case progress .
P. Venu
(Expert) 30 September 2016
Your subsequent clarification confuses the matter. Please state the real facts.
Querist :
Anonymous
(Querist) 30 September 2016
Sir, I have received no official communication regarding the case, neither from the complaint nor from the court. On being informed by the acquaintance, I searched online for the case details, and found them. Whether the lender didn't let any communication reach me or may have showed some notice served on me in records, I don't know. But what I have stated here is a fact.
Siddharth Dev
(Expert) 30 September 2016
1. you should hire criminal lawyer
2. one of your defense may be on wrong jurisdiction (better to consult your lawyer regarding this point along with all relevant papers.
3.on the point of jurisdiction your case may be quashed if you have relevant evidence regarding jurisdiction further, he may be punished for that.
Raj Kumar Makkad
(Expert) 30 September 2016
This is not a mandatory requirement that the lender should serve a legal notice prior to filing of the suit, however, there is no bar for serving such notice.
Rajendra K Goyal
(Expert) 30 September 2016
No reply to query from anonymous author.
Querist :
Anonymous
(Querist) 30 September 2016
Sorry, if I have offended someone. My name is A.k.Sharma. This is a very popular forum and many of my friends follow this.
Raj Kumar Makkad
(Expert) 30 September 2016
Mr. Sharma, we experts have decided not to attend the queries raised in the tag of anonymous as in the past we have faced harassment and humiliation in the hands of anonymous persons.
I also oversighted that this query has been raised by anonymous otherwise I also would not have attended it.
Querist :
Anonymous
(Querist) 01 October 2016
OK, Sir. I got the point. Thanks for still replying to my query, respected R.K.Makkad sir and all other learned dignitaries. I hope I will keep getting your invaluable guidance in future as well.
Raj Kumar Makkad
(Expert) 01 October 2016
You are most welcome Mr. sharma at any time in case of legal issue.
Querist :
Anonymous
(Querist) 21 November 2016
Good evening respected experts, I am A.K.sharma requesting your guidance again. Sir, I have received a summon today asking me to be present in court in the month end. As mentioned by me earlier, this is the first formal communication to me regarding the case. I am hesitant to go there as I fear for my life as he may harm me just to scare me . My lawyer advices me to avoid appearance on this coming date. I am confused.What should be my legal recourse. Please help me.
