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defamation

(Querist) 15 February 2009 This query is : Resolved 
atul runs a firm having c&f of many companies & his father is a govt. servant getting a scale of 1st class. according to ledger of atul. mr.rajeev has to pay rs.2 lacs to atul according to ledger balance of mr.rajeev. after some time rajeev gave two cheques of rs.10,000/-to atul & fraudulently give a notice through his advocate making party to atul's father & second party to his atul's firm that you have not supplied me goods for which i have given u two cheques for rs.10,000/- each hence committed offence u/s 406 & 420.
here i want to ask this that can atul's father suit case of defamation on mr.rajeev? as atul's father is a govt servant & has no concern with business & what atul can do, because the cheques given in favour of atul's firm was in account of previous balance of mr.rajeev
Rajesh Kumar (Expert) 15 February 2009
Atul's father must send a legal notice stating his rights under civil and criminal law.
Atul can reply to the notice giving him balance particulars and state his rights.
The issue is worth legal notices only, will e settled on the basis of legal notices. So get a good notice prepared.
K.C.Suresh (Expert) 16 February 2009
As Rajeh stated send legal notices first then come again in the forum with that details.
M. PIRAVI PERUMAL (Expert) 16 February 2009
I agree with the views of my learned friends.
PALNITKAR V.V. (Expert) 16 February 2009
I agree with Rajesh and Suresh


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