Counter cases - 498a

Querist : Anonymous (Querist) 07 January 2012 This query is : Resolved
My wife has filed a false case under section 498A and 406.

She is having one younger brother and one younger sister and my inlaws belongs to poor family.

Now I am planning to file case u/s 406,420 etc. on them on following facts :

1.I have given cash of Rs.20000 each to my SIL and BIL as they request me to advance that amount to them as loan for payment of thier tution fees and they tole me that they will repay the same within one year but till now I have asked them several times but they are not paying me the same.

2.I have advanced Rs.15000 to my FIL and MIL as loan on being requested by them as they required the same for repayment of rent of their rented house.

Is this good idea to counter my in-laws. What are the advantages or dis-advantages of the same.

Thanks.

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Raj Kumar Makkad (Expert) 07 January 2012
No criminal case can be filed on the basis of amount given on loan. There is no iota of fraud in the transaction of loan, even if you prove it.

You can file only suit for recovery against them but beware that you shall have to incur stamp duty on the plaint and there is no guarantee of the decreetal of your suit because you have no written proof of advancing loan amounts as mentioned by you in your query.

Querist : Anonymous (Querist) 07 January 2012
Dear Makkad Sir,

I have not written proof but we can say that It has been given under bonafide belief as my wife and inlaws are also saying that they have given Rs.15 lakhs in cash as dowry without any documentary proof and 406 has been registered on me.

I would like to draw your attention to following judgement :

http://delhicourts.nic.in/nov11/C.S.%20Aggarwal%20Vs.%20State.pdf

S.B.adil rahman (Expert) 07 January 2012
Dowry Prohibition Act says that the giver and receiver of dowry is liable for punishment.However, if your FIL is telling that he has given dowry of Rs.15 Lakhs, Please go to Income Tax authorities and check their financial capability whether they were having 15 Lacs at the time when they married their daughter with you. Balance sheet filed by them with the Income Tax authorities before and after the marriage will clear the doubt. If they have not shown the money in the Balance Sheet and now claiming of 15 lacs, they are tightening the noose around their necks. You can seek the information from I.T.authorities under the RTI Act 2005.Please note that you can not putoff fire with the fire. They can also use the same formula upon you if their advocate is intelligent and a good litigant. I advice you to avoid it and fight the case honestly.

Shonee Kapoor (Expert) 07 January 2012
TEP can be an effective way to counter the same.

Attend local SIFF group or feel free to write to the undersigned for any help.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Nadeem Qureshi (Expert) 07 January 2012
Dear Querist
you have very solid point for your defence in 498A & 406 case, you can say that when you demand your money, she filed false cases against you, but if you have any proof.
feel free to call

Devajyoti Barman (Expert) 07 January 2012
Under the given circumstances neither section 420 nor 406 applies.
You better make new strategy as those cases would fail soon.