MSC1 (Director) 18 May 2010

Looking your Legal Advice

Hi Friends, Please suggest me the possible legal action can be taken by X to save himself.

I am running a consultancy business where I’m providing Financial and Legal Consultancy Services, I got a very interesting case in hand, case is as below, looking forward your suggestions ……………….

Case Like this…………..

X- Is a boy

Y- Is a Girl,

They meet each other 2005 and get closed within month, and have phy-relationship and started leaving over a period of 4 years with mutual understanding. One day Y called to X and said she is pregnant then both decided to abort, X had some doubt because both are use to stay different state, then how can it possible the she could be conceived, X thought she might be kidding with him, and later on Y said she was joking to know how much X loved her.

But X used to love her very much hence he forgot the incident by passing the time,

Both are from one state, but the girl was a poor family, X was helped (Y) her a lot, made her a LLB graduate and Software Engineer within that periods,

After a year of their relationship Y started suspecting to X, and X thought that because of distance, then they decided to visit each other often, and it was continued for rest of period, in between X shifted to London for office work, after he coming back from London both are decided to marry, but Y said her Family is not ready for it, and Y said she can’t go against to her father, then it was postponed till their family agrees.

In between Y sent a letter to X stating that my family is not ready and I think can’t leave with you, you please get out from my life and I promise that I’ll never come to your life again and will not creating any problem in your life, and she also mention that, if you have any doubt you can show this letter to police as my self declaration that I’ll not create any huddle in your future life, she has mentioned many things, like starting from their relationship to till the letter date, most important thing which she has mentioned She loved him a lot and she become a mother due to X, but still she is not happy with X hence she decided to separate.

Then X decided to marry somewhere else, but in between Y made a complaint in near Women’s Police Station (they called Mahila Thana) against X and his brother stating X family is demanding dowry 5 lacks to marry her, hence police called X & Y family and both family mutually decided that they will go for a Court Marriage, then they applied for u/s 5 (special Marriage act) in the month of 24/11/09, and there was no FIR made against X for that matter,

But after two days X made a complaint against Y that he has been kidnapped by Y and her brother and friends, they have been snatched some money, important papers and a signed Blank cheque, police made the charge sheet against Y and others,

But again Y family and some politicians come to the picture and settle the matter, but the 1CC case was held in the name of Y,

In between X got married with some other girl, and now he is a father of one month old baby girl,

His life was very smooth, but feb-09 X got a NI act 138 Notice from Y’s advocate that he’s cheque get returned and hence he has to pay Rs……………..,

Then X contacted a lawyer who has handled his case previously, and that lawyer assured him not to worry, but again he got Summon from different SDJM court aug-09, and X applied for 205 and that was allowed to him,

Note: since 2009 to till date Y sent many mails to X, stating that, she will left him after finishing his life and career, then some of her s*xy photographs and emotional mails, and Valentine day messages, Y sent around 60 mail to X and X hardly replied twice or thrice, sating you are looking gorges etc……..

7^th of May-10 there was a hearing for 138 case, and Y couldn’t give sufficient evidence to the court and taken a date for the evidence,

And X reopens the 1CC case which was against to Y, police suppose to arrest all of them, but the problem is X’s Advocate is playing dirty role in this, he is demanding a lot from X and nothing doing, X is staying out of that particular state, hence he has approached me to help him,

In between X become an Advocate from the same State Bar Council, but now X is in Very tense,

He is expecting legal guidelines from all of you,

What type of action X should take to prevent him from all this and how, and X also want Y should be exposed and punished.

Then I’ll hand over this case to him/her whose answer will satisfy to X.

Please give your legal opinion to above case.

Reply Follow

4 Replies

mahendrakumar (marketing) 21 May 2010

i feel, it is better to take opinion locally for such situations.

with regards to the x 's advocate playing dirty role,why not change him.

one must have an absolute faith in his case and when that faith is lost,it is better for both,to change the advocate.

b.srikanth sharath (advocate) 21 May 2010

there are many if's and but's in the case, tongue twisting allegations from both side. any way comming to your case 138 its depends on the case facts more over lot of evedience is not put up on records or may be your witnesses may be come weaker in records now it is comming for evidence the notice is more important for the case cheque the detail file once again follow simple procedure

1. if x enrolled as advocate then dile a mou/vakalat

2. memo for removind the previous advocate from records.

3prepare the case , pray for time

as you are now accused/respondent petitioner you better know the case facts and fight your case in better way

4re-open the criminal case along with fresh charges as you faced the situation file the charges in the manner

all the best

MSC1 (Director) 22 May 2010

Thanks for your response,

One more important thing that, Y has some close photo's with X and some letter also, and now she is going to making a case against X that he cheat her,

and X advocate saying let her do whatever she wants to do, but one thing i don't understand when there is a case against to Y then why police is not reacting and arresting them, when court has directed for this,

Now X is planing to going that place and finding a local advocate for the same,

but he is worried, if the present advocate again play any role and refuse to hand over his case paper and other documents then, what will be the next for him,

as you said he can

1. if x enrolled as advocate then dile a mou/vakalat

2. memo for removind the previous advocate from records.

3prepare the case , pray for time

do you think that would be better for X

or any local advocate can do better

please update

b.srikanth sharath (advocate) 23 May 2010

its better to plead the case by x himself with external guidence. more over with regard to y filing case is saperate matter connecting to previous case filed by x on y so if case is filed, apply for bail or if possiable anticeptory bail. if the cheating case is false and frevelous then you can file civil or criminal case for damages so dont worry little suffering in the begning may occure bur if the case is geniun then end is always justified.

advise

1.file a private complaint through court u/s 200 crpc.

2.get ready for anticeptory bail/regular bail.

3.approach bar council for advocate issue.

4 file writ if necessary.

5.negotation if willing to close the matter.

6.compounding of case is always a good approach.