exposed a fraudster on facebook-defamation complaint


After I moved to US, my ex boyfriend got married but hid it from me and continued relations with me. He asked me to trasnfer money to account in India twice. The second money transfer was for his passport renewal and visa fees so that he could come to US and register marriage with me in US and settle here. I found his wife's facebook profile and emailed all her friends about her husband's fraud. His wife filed a police complaint of cyber defamation against me. What can I do? I have given the bank transaction details to police and asked them to verify passport renewal date (passport was renewed six months in advance because during US visa interview one cannot have passport expiring in next six months).

But what more do I need to do to get my money back? If I told the truth in Facebook email, will it still be called defamation? Please help.

 
Reply   
 
Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

To speak truth is the most cherished and inalienable fundamental right of a person. An uninhibted truthful speech is a freedom basic to a dignified human survival on earth. Truth is the most basic defence to a defamation proceeding.  If you have the evidence to substantiate your claims then you should challenge the FIR/complaint by invoking the inherent juisdiction of the HC.

 

You should file a case for cheating against your ex-boyfriend and also file a civil suit for recovery.

 

Ashish Davessar

 

Advocate

Supreme Court of India

Punjab and Haryana High Court

District Courts, Amritsar & Chandigarh 


Total likes : 2 times

 
Reply   
 


Law Consultant

@Rachna

 

My views differ from the learned advocate Ashish Ji.

 

Though while speaking truth, you are not restricted by anything however, why & where to speak and with what intention is important. Maybe your stance could be to file a complaint against your ex-bf in police station for his fraud (as you call it), but sending emails to friends of his wife is highly derogatory.

 

You first need to get your composure back and realize the need of the hour. You might have lended the money on some terms and if the beneficiary refuses to obey those terms and rejects your claim to return this money, then you can file a case of cheating against him. But what makes you send emails not to the friends of your ex-gf BUT to the friends of his wife?

 

This is not as simple as you feel. You might have spoken the truth but the right place to do so, is the court of law or a police station but never a public forum which is not accorded by law or court.

 

By the way, how you managed to get emails of the friends of his wife? No one can peek into such details unless you don't have access to password of the facebook account. Pls be cautious and don't be provoked by anyone claiming to bring justice to you. You have to understand that, although you ex-bf shall be punished if your claims are proven, but that defamation suits rock-still against you and there are all possibilities that you woudl be sucked into it. Consult some IT Act expert.

 

//peace

/Saurabh..V


Total likes : 1 times

 
Reply   
 

@Ashish and @Saurabh, Thank you for your reply.

I want my money and gifts (from US) back. I just had my ex boyfriend's phone number and his sister's phone number and did not know where they live. When I asked for my money back, both of them changed their phone numbers. When I found out my ex-bf's wife on facebook, I emailed her on facebook and waited for 5 weeks for her reply but she did not. So I ended up sending email to all her friends on facebook and all the ex-bf's sister's friends also. I did not hack into facebook account but used the facebook email addresses to send a mass email.

I did not want to do it but they left me with no choice. They were just ignoring me and changed their phone numbers to get away with not returning my money and gifts. I talked to police to take my complaint but they refused to take it and asked me to come in person to the police station. How can I file a complaint from US? I feel that they are also taking advantage of me living in US which means I can't really fly to India often for court hearings. Please advise what should I do?

 
Reply   
 
Law Consultant

@Rachna

 

If this is not a very old case and your ex-bf was using his phone within last one year, then it would be a good news. Telecom companies are requried by law to keep all the details with them for a year. So if you are able to provide phone number of your ex-bf to the police then they can trace the details within one week and detain the accused immediately. 

 

In my view, yours is a case of Cheating S.417 IPC & Criminal Breach of Trust S.406 IPC which is cognizable and non-bailable offence. Hence once the case is filed under these sections, the person would be bound to return your money.

 

For the purpose of filing an FIR, you can seek help from any of your relative or friend in India. They can go to the police station in with a written complaint and they would register the FIR instantly. If anyone refuses to register the complaint, the ask your friend/relative to call 100 seek their assistance to register the FIR. If still you cannot get the FIR registered, then you can approach any local NGO or may be Indian Against Corruption volunteer to get help. Else you can make call to any news channel to take their help and expose the police. There are other ways also to get the FIr registered like sending letter to Comissioner of Police, Chief Minister of State etc etc etc.

 

Once the FIR is registered, you would be required to visit India once or may be twice. You can engage a lawyer in India who would convince the Judge that as you live in USA so he/she should ensure that your statement is registered on the specific date and no delay or adjournment is allowed. I think it would be easy.

 

Additionally, I strongly feel that once your ex-bf is arrested, he would immediately get ready to compromise with you and return the money. That would be more better to settle the case of of court. In case of S.406 IPC / S.417 IPC, generally people prefer out of court settlement and get their due money. All the best!

 

If you need any further assistance you may reply..

 

//peace

/Saurabh..V


Total likes : 1 times

 
Reply   
 

Update:

I told police hadling the defamation complaint that other party closed all doors of communication to avoid me and avoid giving my money and gifts back, that is why I had to email my ex-bf's wife's FB friends. Even in my email, what I wrote was truth (exposed a fraudster's deeds). The police just updated me that my ex-bf is willing to return my money and monetary value of gifts. Woo-hoo! Don't have to file a separate cheating, fraud or breach of trust case to get my money and gifts back. But what will happen to defamation complaint now? Do I need to have a lawyer go to court and file a petition to void it? What do I need to do?

 
Reply   
 
Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

@ Saurabh- There is nothing to disagree over. I myself have prosecuted and defended many defamation complaints on the touchstone of intention of the accused. As a lawyer having a defined and busy schedule it is not possible for me to provide a complete legal literature here touching upon every legal aspect asked in the query. I can show only the pointers as I did to the querist here.

 

It is true that intention is a very pivotal factor which enters the area of consideration for the court to decide whether the truthful speech has occasioned loss of reputation for the complainant, nonetheless where the text of the speech and the manner in which it is communicated is self evident of the larger good intended to be secured by the accused, no mala fides can be attributed to him. The above is a mere general legal proposition and there can be no uniform application of it as every case has to be decided on its individual merits.

 

You should discuss your case with a lawyer by disclosing to him all the facts of your case. If the defamation complaint has been lodged against you and the trial kickstarts you shall have only two options- Either to face the trial or challenge the complaint/FIR in the High Court. As regards the cheating case, nothing further remains to be said after your last post. You have succeeded at one front. Congratulations for that!


Total likes : 2 times

 
Reply   
 
lawyer/cyber law consultant/cyber crime investigator

what you did is a online defamation for sure...as you emailed to her friends... you need to settle this issue out of court... as defamation complain is still pending..

 
Reply   
 

This matter has been closed and I recall my query. Thanks everybody for pitching in your thoughts.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

CrPC MASTERCLASS     |    x