Theartening to commiting suiside
Sarika
(Querist) 21 January 2016
This query is : Resolved
My friend from Karnataka had got into a business loan agreement with Lionel Amos from Surat, he resides in Ambernath Mumbai.
This guy took 16 lakhs from in the name of paper work and other charges in Oct 2014.
There is no paper work showing that this was a part of the agreement charges but there is certified bank transfer details between my friends account and this Lionel Amos.And message exchange on whatsapp and call recording done.
After that this person did not do the work.He just disconnected mobile number. We were able to trace his through his children in facebook and warned the whole family of complaint and legal action.
His children had sent a religiously abusing message " your maa kali has done 6 pcs of my dad, which pcs you are asking 16 lakhs ask ur maaaaaaha kali"
Based on this we had filed a religious abuse complaint locally when notice was sent I was told that he has agreed the fact of taking money and he promised to return the same and apologize for the act. he during the call informed the cops of his sons attempting/ uttering of committing to suicide as they were troubled with my attempts to recover my 16 lakhs.
He then stopped attending the calls of the cops who has informed him to come to answer the notice.
Then in Nov 2015 a notice was sent by an advocate trying to show that he is advocate high court. which he was not. and demanding 1Crore compensation and threatening to charge criminal offense in the court of law.
We immediately reported the matter the commissioner of police Mumbai as the person resides in Mumbai.
Now my question is that this person and his sons can stoop to any extent to avoid paying my money back with compensation.
Any fake attempt of suicide or physical damage or in the process of fake attempts any actual damage to life by them will hinder our case.
Could you please suggest the right way out to keep my friend and her family safe from claims of abatement to suicide as trying to be shown by Lionel Amos and his family.
We do not believe in Physical damage and have till date done all our work legally by reporting the matter to the concerned authorities.
Please tell us what to do to safeguard ourselves as both the parties are in 2 different locations.
rajagopal.s
(Expert) 21 January 2016
Hi
First you need to file a FIR against Lionel Amos on charges of cheating and breach of trust.
Secondly you need to file a civil suit against lionel amos for returning back the money advanced.
Once you do the above 2, then you will not be in any way responsible for their misdeeds including suicide. moreover it is likely that you will soon run in to limitation(3 years from date of payment of Rs16lakhs). so without hesitation file both of the cases first in karnataka.
Rajendra K Goyal
(Expert) 21 January 2016
Either forget your claim or move legally as advised by expert rajagopal.s. Choice is yours.
Sarika
(Querist) 22 January 2016
Thank you for the reply. My friend had gone to the Commissioner of police with a complaint of Cheating, but the then commissioner was not ready to accept the complaint.
He told that its a civil suit as money is involved and since the agreement was done in Surat the complaint cannot be accepted.
Even when the complaint was done in the Local station under which the bank comes based on the transfer, an NC was done and later a document was issued by the station which said that its a civil suit and case needs to be filed for the same.
Based on the orders from the court things can be done by the local cops.
Sir,can you tell me which place are you from??? If you are in Karnataka it would really help us.
Adv. Yogen Kakade
(Expert) 25 January 2016
If you need a lawyer from a particular place of Karnataka.. then there is a search lawyer option on the home page of this site.. you can search the options and co-ordinate.
K.S.Srinivas
(Expert) 31 January 2016
Approach the Bar Council of Karnataka.
