Can I be prosecuted for defamation??
Querist :
Anonymous
(Querist) 17 December 2010
This query is : Resolved
Someone gave me a cheque, pro-note and a written agreement for the repayment of a friendly loan of Rs. 20000/- only . Now as he has refused to pay me back my amount,I feel it impractical to waste my time and money by sueing him for a small amount of Rs.20000/-.
I planned to make small posters and pamphlets declaring ----
यह व्यक्ति एक नंबर का बे-ईमान व्यक्ति है. जिस से पैसे उधार लेता है वापिस देने का नाम नहीं लेता है. पैसे वापिस मांगने पर लड़ाई झगडा करता है. अगर आप ने इस व्यक्ति से गलती से भी डील किया तो आप को घाटे के अलावा कुछ नहीं मिलेगा. यदि आप को हमारे कथन की सत्यता पर कुछ भी शंका हो तो आप हम से संपर्क कर के अपनी शंका का समाधान कर सकते हैं .
Here below ,I would give my cell phone numbers.
If any body challenges my claim,I would show him all the documents and cheque given by that defaulter friend of mine.
Please tell me if I use this technique ,can I be prosecuted by that defaulter friend of mine for defaming him ???
Or can you suggest me some other tips to recover such small amounts without entering into a court cases??
s.subramanian
(Expert) 17 December 2010
If you can give the english translation of the hindi material contained in your post, I will also be able to go through and suggest.
Advocate. Arunagiri
(Expert) 17 December 2010
This is the translated version of the Hindi quoted by the author:-
A number of the person Bay - Iman person. Borrows money from the name does not give back. Money to fight the battle is back on demand. If you mistake this person made the deal then you get nothing but losses. If you have further questions on anything on the truth of our statement we contact you to resolve your doubts can.
1. You are defaming him.
2. The options available for you is:- Either file a suit / 138 case or go for compromise or forget about it.
R.Ramachandran
(Expert) 17 December 2010
If anyone has not repaid the loan taken from you, you have to adopt legal means to recover the same. In case you don't have any valid documents to prove that you gave the loan then it is your fault. On the contrary, if you have documentary proof, then you should seek appropriate remedy on the basis of such documents.
In any case, instead of adopting legal means to get remedy, if you propose to prepare small posters with the contents mentioned by you, you surely would be committing defamation as Mr. Arunagiri correctly said. The other person will definitely have a very good case to file a case of defamation against you and you will regret the day.
s.subramanian
(Expert) 17 December 2010
Yes. I agree with the views of M/s Arunagiri and Ramachandran. When law provides you the appropriate remedy to you,follow it to recover the dues. If you indulge in this kind of publication,it will expose you to prosecution for defamation as the affected person will have his own valid and lawful reasons for non payment which may turn against you. The publication itself exposes your mind frame that you are not for the recovery of the dues but only for defaming that person.
Sarvesh Kumar Sharma Advocate
(Expert) 17 December 2010
यह व्यक्ति एक नंबर का बे-ईमान व्यक्ति है. जिस से पैसे उधार लेता है वापिस देने का नाम नहीं लेता है. पैसे वापिस मांगने पर लड़ाई झगडा करता है. अगर आप ने इस व्यक्ति से गलती से भी डील किया तो आप को घाटे के अलावा कुछ नहीं मिलेगा. यदि आप को हमारे कथन की सत्यता पर कुछ भी शंका हो तो आप हम से संपर्क कर के अपनी शंका का समाधान कर सकते हैं .
in this quote there is no name of the person that's why as per avobe peragraph it is not a perfect case of defame.
Kirti Kar Tripathi
(Expert) 17 December 2010
Certainly this amounts to defamation. law does not allow a person to be judge of a fact without authority of law. You may be aggrieved person but not a judge having authority of law to declare a person as guilty. You have remedies under the law, which can be availed.
Advocate Bhartesh goyal
(Expert) 17 December 2010
Yuour such act comes in perview of defamation u/s 499 & 501 of iIndian Penal Code.so don't act upon.File a civil suit to recover loan amount.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 December 2010
Other than defamation other actions can be slapped against you which may lead to investigation of your activities which are certainly not legal such as money lending.
Arun Kumar Bhagat
(Expert) 17 December 2010
To say truth is no offence of defamation but you have stated that the person never returns the money to any lender.You can say that he is a cheat who did not give it back to you but in former case if the person defamed is able to prove that he has paid back the loan amount to many lenders, then your statement shall become false and you shall be held liable for the offence.
ashish lal
(Expert) 17 December 2010
I agree with experts. It would be a clear case of defamation
Querist :
Anonymous
(Querist) 19 December 2010
Heartful Thnx Experts to all of you.
