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Gopi (General user)     08 April 2011

Missusing old Promisory note

Hello,

                I used to do Business until  1998 and during that time period I have raised Loans for my Business by signing empty promisory notes.While collecting them back after clearing the dues my  worker without my knowledge misplaced couple of them. I have a land dispute with him pending in the Hight Court. now  which was filed sometime in 2008.

Now he files a case by filling and submitting that old promisory note  with date  2008  using his Inlaws name that I borrowed  Rs 7 Lakhs for family expenses.

Actually after 1998 I left India and was back in 2008 for family Vacation after I became Citizen of US..Looks like he  used that date. as he paid me that amount.

I am financially strong with job is US from last 15 yrs  and never borowed any amount in papaer nor signed any promisory notes after 1998.

Can you please advise on how to proceed on this as I actually want the promisory note to be validated with reputed organizations in US or India and verify  when the note was signed .He is taking advantage of me being outside India and trying to settle the earlier disputed case in his favor.

For the mental stress they are causing me with this fake cases  are there any options available for me.

Thanks,

Gopi



Learning

 5 Replies

V. VASUDEVAN (LEGAL COUNSEL)     09 April 2011

You can file a complaint with the Economic Offenses Wing of the Police Department. You may send the complaint from U.S., attested by the Notary/Embassy.

suryagaurav (manager)     10 April 2011

sir,

 In defence you should ask court to check his Income Tax statement for the financial year. I hope that  it is not shown on IT return.

further you can ask court to check the authenticity of promissory note through forensic expert's advise as it will be written later if it is fake.

Moreover there are many points will emerge in due course of time,

 you should consult some able lawyer.

best of luck

Gopi (General user)     10 April 2011

The case is now in Principal sessions court and will go for trail by end of this month.If I complain with Economic offences wing are they still going to investigate or wait since the case is pending in Civil court.

They are taking advantage of me being in US and cannot attend court in India.As the note was signed atleast 8/10 yrs before  they claim I tool money in 2008, how can I get validated the age of the Signature.I have similar documents I signed during the same time period still in my pocession .I have never signed any promissory note  after 1998 and they calim I signed in 2008.

I appreciate your advise.

Thanks,

Gopi

P.K.Murali (Advocate)     11 April 2011

First engage a lawyer to know where he has filed his pecuniary case against you, by invoking your old promisory note.  Then, check the dates of your visit to india chronologically and the date of promisory note execution.  If it is in your favour, give an immediate criminal complaint against this guy through your advocate to the local police. This needs a lot of home work and verifying the documents, he filed with the supportive docuemnts. If you do proper due diligence, you can easily over come from it.  Once if you prove this is done with malifide intention, the other civil case filed by him.

Gopi (General user)     12 September 2016

After 6 long years finally came to an end.Not yet received the copy of judgement.

Status shows:

Business : JUDGMENT PRONOUNCED VIDE SEPARATE JUDGMENT In the result, the suit filed by the Plaintif for recovery of the amount is dismissed. In view of the circumstances of the case, each party shall do bear their own costs.
Nature of Disposal :

DECREED WITH COSTS

 

I have to go from US to India once  to testify in court. Does it mean I have to bear my own expenses in spite of this wrong law suit against me  and mental anguish all these years. Can I file criminal case against them even staying in US  irrespective of them going for appeal.

Thanks,

Gopi


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