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jatin (owner)     25 June 2014

Ipc 387 and 386

Respected Members,


My friend Sanjay gave X amount of money to Manish through bank  for business purpose against cheque. Manish later refused to return the money. Cheque got bounced. Sanjay filed case against him under NI act. One day Manish called Sanjay and had arguement. Out of excitement Sanjay threatened manish of consequences if he did not return money. Manish smartly recorded the conversation. Manish lodged police complain against sanjay. police filed case against him under ipc 387, 386 and one more ipc code. now Sanjay looking for anticipatory bail. his bail is rejected by session court. he requested in high court. in high court also bail is rejected. Now manish pressurising to withdraw all cases against him (verbal settlement) then he will weaken case against sanjay. My request to homnorable learned members is to guide on the following:

1) what options now sanjay has?

2) is asking for one's own money back amount to extortion in court?

Thank you all in advance.

Jatin



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     25 June 2014

Sanjay should proceed with NI CASE separately, and should fight this extortion case separately, The onus is on sanjay to prove that, this call is pertaining to collection of outstanding and his intention is not to threaten him of dire consequences. Failing which the allegations of Manish will hold good in the court of law.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 June 2014

Dear Querist

its depend on the conversation as recorded.

fight the case on merit. Contact a lawyer in your area with all documents it will be better for best advise,

Sudhir Kumar, Advocate (Advocate)     26 June 2014

no details of conveersation are given by you.  It is difficult to believe whether this case will or will nto affect NI Act case


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