Defamation/ threatening and attempting to excite
Querist :
Anonymous
(Querist) 12 October 2011
This query is : Resolved
Dear sir/madam,
By way of introduction, I am Kumar a journalist by profession based in Hyderabad. In the year 2009 our family members solemnized the wedding of my elder sister. Since it was a quick marriage and we didn't have fast money with us, we took private loans from known people and we have been repaying the loans in intalments with the interest.
There is however a relative of us, who had lent just 60,000 INR and she has rejected to accept the payment in intalments and asked for a full amount with 2 per cent interest.
We agreed and a deadline has been fixed. I was no way involved in talking to elders in money matters since elders at family handle these issues though I give money to them.
So, I was actually not aware about the amount 60,000 INR that was given by this woman and she started to harass and torture me despite my brother promising her to pay the amount on the given deadline.
Just 4 days back, she came to our house and had spit on my father's face (who underwent surgery in July 2011 and is a paralysis patient and bedridden). She cried, cursed and used unparliamentary words. I still kept quite and requested her to stay calm.
She gave her deadline and asked to pay 1,06,400 within 5 days for which I said I will. She also abused me that I begged for my sister's marriage and so on.
Now even after giving deadline she started sending hatred messages on the mobiles of my mother, brother and me. She constantly sent over 200 SMSes and I gave a fitting reply when she abused my sister (who is not aware of anything and innocent).
Now, she is telephoning my other relatives and stating that she would file a case against me. Out of 200 to 300 messages she gave, I also gave reply to around 50 messages, which she saved it and has been forwarding to others' in the family circle to project me as the person, who picked up the quarrel.
Her late father was a retired police official and she's threatening me stating: "I am the daughter of so and so....just remember that."
What can I do now? I am ready to arrange the money by taking loan from somewhere else. But, my father has been crying since then and is not eating anything for the insult.
My other relatives are asking me to apologize her for the reply messages I gave. Me and my family members were treated like untouchable people stating that we people begged for the wedding. Is there any chance to protect myself from being arrested besides dragging her to the court of law (after paying her the money) for taking the name of my sister and for insulting everyone?
In fact, it took over 15 lakhs to perform the wedding and we had no problem in paying all the lenders since they are accepting instalments. She's the only one, who is creating so much ruckus.
Please guide me.
Querist :
Anonymous
(Querist) 12 October 2011
Cont...
This woman also gave SMSes like--after giving loan to you we became bikaris and our 20 tolas gold was mortagaged. How can she blames us for her acts? We are responsible to the amount but how can we take such words that she lost all her gold ever since she gave that small amount of loan.
Querist :
Anonymous
(Querist) 12 October 2011
One of my first replies to her SMSes-- "I said u'l get money soon. Elders in the family are engaged in the sametask. I am v busy filing articles. DON'T DISTURB."
rajeev sharma
(Expert) 12 October 2011
you can get the matter settled through conciliatory means. if that is not possible you can file an fire against her for threat.But from your message i gather that your other relatives are also taking her side that iswhy they are asking you to say sorry to her it is possible that when you initiate criminal proceedings against her your other lenders too may start pressurizing you
Raj Kumar Makkad
(Expert) 12 October 2011
None has right to take 2 things at the same time viz. loan amount with interest and respect. She can get either of one. If she is engaged in disrespecting and insulting you publicly and through different ways you told then refuse her to make any payment and let her initiate legal action.
This is not a criminal matter and just a civil matter of recovery of money so let her move ahead. You have not told what document was signed by your elders while getting loan from that lady otherwise I would have also told you the consequences of that document.
Relatives pressure is ok but self respect is more important. She didn't kept wait for even 5 days and started defaming you and your family in the heinous way. You can also file a criminal complaint for defaming you and your family.
Querist :
Anonymous
(Querist) 12 October 2011
Dear sirs,
Thank you for the responses.
I would like to add a few things like the age--her age is over 45 years whereas I am 27 year old. She actually excited me to give reply messages and with the same reply messages she's threatening to file case (she told this to one of my relatives) and that relative told me--you could have ignored her messages but you reacted.
She didn't sign any papers nor we ddnt sign on any promissory notes for the loan. She just took the cheque of my brother 2 year ago and now I think it is expired.
I will definately give the money sir because my conscious doesn't actually permit to file case as I came to know that our family took the loan from her.
The point is that why me and my family members were cursed so much and were treated this way...the money that I give will come but the words won't come...that's why I also gave fitting replies....now, can she file criminal complaint against me based on those replies. My initial messages to her contained the line--Don't disturb me, but she didn't listen. So, can't I defend on this point and file a criminal case against her? Or should I apply for an AB...
Querist :
Anonymous
(Querist) 12 October 2011
Dear Raj Kumar sir,
I thank you so much for understanding the episodes of pain, agony and insults that I have gone through. I will show your message to the relatives, who are trying to project me as the person, who picked-up the quarrel.
ajay sethi
(Expert) 12 October 2011
if you are in position to repay the money do so . it dosent make sense washing dirty linen in public .
i agree that inspite of being your relative she has behaved in an uncivlised manner and you can defintely take her to task by filing crinnal complaint . i presume you have saved the sms she sent .
no doubt she dosent have nay documentray evidence of any laon being taken by you but advisable to pay her and live in peace .
prabhakar singh
(Expert) 13 October 2011
No doubt she has been rude and has insulted you more comparing the hell i call her support at the occasion of a marriage as a relative when it is payable back with interest.Mr.Sethi is a gentle personalty ,cool he is and cool are his advises too.
It is good to listen from you that you are and want to remain honest but the circumstances are such that if you choose to pay her out side court just ask the cheque back given by your brother and pay either by a demand draft or bankers cheque or by cheque collectible in her named a/c with number,otherwise,that type of a lady may continue creating problems even after getting the amount paid back.
prabhakar singh
(Expert) 13 October 2011
No doubt she has been rude and has insulted you more comparing the hell i call her support at the occasion of a marriage as a relative when it is payable back with interest.Mr.Sethi is a gentle personalty ,cool he is and cool are his advises too.
It is good to listen from you that you are and want to remain honest but the circumstances are such that if you choose to pay her out side court just ask the cheque back given by your brother and pay either by a demand draft or bankers cheque or by cheque collectible in her named a/c with number,otherwise,that type of a lady may continue creating problems even after getting the amount paid back.
