Sec 107 of crpc or f i r.

Annu (Querist) 16 September 2013 This query is : Resolved
sir a person entered my home and did nuisance s.he was known to me.i called up the police and the police .the police took my complainrt made a diary entry and said tht the person wud be "paband" under sec 107.
my question is
1.is this a correct way out to restrict the person from doing nuisance?

2.would FIR against that person served better purpose?

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V R SHROFF (Expert) 16 September 2013
DO IT RELATE TO ANY OF YOUR MONEY LENDING ??

Annu (Querist) 16 September 2013
yes sir that person has given me a cheque but that amonut has to be adjusted toward the services i provided to him in part..some is to be adjusted towards the cash which i gave him in return of cheque ..so there is almost 80-90% adjustment of tht cheque amnt.Rest if there is any tally problem i m ready to sit amicably on table but not the way he is creating nuisances.

Annu (Querist) 16 September 2013
isnt this a civil matter..cant that person appoint a lawyer who caN give me a notice and i can reply to him?.

Nadeem Qureshi (Expert) 16 September 2013
Dear Annu
you can file a complaint against him/her before police under section 447/448/452 of IPC for criminal tress pass or house tresspass or file a complaint before magistrate u/s 200 or 156(3) of Crpc as you think fit.
Feel free to call

R.K Nanda (Expert) 16 September 2013
agree with nadeem.

Annu (Querist) 16 September 2013
thanx to all experts....

R.K Nanda (Expert) 16 September 2013
ur welcome.

Raj Kumar Makkad (Expert) 17 September 2013
BUT I do not agree. If a borrower comes to your house to settle his account whose issued cheque has been encashed by you, i not creating any illegal act. A lawful demand of settling the accounts, do not provide you any occasion to misuse the liberty of law which otherwise is meant for the protection of lawful persons.

Better to amicably settle the entire pending issues.

Annu (Querist) 17 September 2013
but makkad sir,
that person creates nuisance..moreover he hasnt given me any notice with regard to his willingness to settle the account..it seems like a case of extortion..further if i have the working papers of my services provided to that person then he should pay me my fees or must be willing for the same to be adjusted in the cheque amount.

Annu (Querist) 17 September 2013
if that person has given me cheque cant those be towards the services i provided..he did not lend me any mony...there is no agreement..he must cite a reason as to what was the reason of givin me cheques?