Notice without address of sender
Alter-Ego
(Querist) 27 February 2012
This query is : Resolved
Dear Experts,
Background: I was fighting two civil suits and a false criminal case instituted by the other party on me to settle some domestic issue.
We entered a compromise, whereby it was agreed, that I would pay X amount and the following would happen:
a) That in civil suit instituted by me, a statement would be given by the parties to settle the same in my favor.
b) That in civil suit instituted by him, a statement would be given by the parties to settle the same in his favor.
c) That in criminal case, the complainant would turn hostile thereby paving way of my acquittal.
Part a and b of this agreement was fulfilled when both parties gave respective statements in court and I paid 50% of the consideration.
As there is no provision in CrPC for pre-ponement of date, the said issue was to settle on next date of the case, which is still few days away.
Now today:
I have received a notice today, which is in the form of Scanned Image. It is akin to a legal notice.
The notice has been duly signed by the person sending the notice.
However, it is sent from someone else' email address (presumably his brother - it can be a fake address as well) and the address of the sender is not there anywhere on the notice.
The sender of the notice is in hiding somewhere and his whereabouts are kept hidden by his well-wishers.
His only object to send this notice is to resile from a settlement already arrived between the parties by raising unnecessary and false grounds to extort more money. The sender also asks me to revisit the whole agreement again.
Pertinent to mention here that the sender of this notice has already received 50% of the consideration amount. I am ready to give balance 50% on the condition of his fulfilling his part of the promise.
I would be grateful if the following queries can be answered by the experts:
1. I wish to reply to this notice, how can I effectively reply to this notice?
2. Does any action u/s IPC 420 lies against such a person who has taken 50% of the consideration amount and then gone in hiding? (The said consideration was paid by DD, which has been encashed by him)
3. In view of his resiling from the settlement, can the Third condition of the said agreement be fulfilled.
4. Can both civil suits be reopened?
Thanking You in anticipation.
Alter-Ego
Raj Kumar Makkad
(Expert) 27 February 2012
1. You rebut each charge and ensure your insistence to already agreed situation.
2. It can be done
3. It can be got fulfilled only by way of social pressure otherwise there is no legal solution.
4. No.
Perhaps you were not in the knowledge that generally all such cases are put before Lok Adalat for a same day and all litigation is decided as per terms of the agreement though criminal cases also do remain involved. You didn't avail that knowledge and its results are coming out now.
Guest
(Expert) 28 February 2012
Nicely advised by Shri Makkad.
In addition I can suggest that the reply, if you feel to give, should be given through the same email address through which you received notice, as he who sent the notice through would be responsible to deliver the reply also to the person on whose behalf the notice was sent to you.
Shonee Kapoor
(Expert) 28 February 2012
I can't believe my eyes..... almost similar story that of mine. Who are you??????
1. You should reply to the same address and rebut all charges.
2. Case for fraudulently taking money can be instituted. Though police may not act and a private complaint may need to be filed.
I would be more interested in knowing your real identity, if it does not hurt you please get in touch over personal mail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
