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madhu mittal (director)     23 December 2010

Threatening of dire consequences if case not compromised

We are law abiding persons and running a Non banking Finance Company registered with RBI, giving loan on instalment basis. One of defaulters took loan in 2002 by giving us the cheques of partnership concern signed by one partner taking in belief that cheques signed by one partner will be honoured,  but all the cheques except last one dishonoured. So a complaint u/s 138 NI Act were lodged and after examining the bank official, charge u/s 420 of IPC was added. We are at the end of 2010, once he was declared absconded and after getting the bail from High Court, the proceeding started again.


Now the defaulter is giving the threat to the employee attending the court hearings and also telling to that employee that he will cause the accident of director, and his family members if case is not compromised on whatever he wants to give.


Please guide us actions can be taken for threatening our employee and through him to directors etc. and how to prove his threatening.


 8 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     23 December 2010

You are harrasing the accused so much still not satisfied. What is the harm in compromise.

Democratic Indian (n/a)     23 December 2010

I agree with Shashikumarji, compromise is always a better option than pushing a person against the wall, where he is compelled to take extreme and desperate steps. No amount of law can prevent any accidents from taking place.

Saurabh..V (Law Consultant)     23 December 2010

I condemn the view taken by @shashikumar & @Democratic.


@madhu mittal


You should explain your position with an application to the judge about such incidences. However, if you really wish to continue your concentration should be on safest and then the case. Still if you feel you are not safe, you can take an alternative route.

Adv B.B.Gambhir #9814820602 (advocate)     23 December 2010

court always grant the bail to the accused on a condition that he shall not temper any record nor he will give any threat to the witnesses of prosecution as prescribed in Cr.P.C  so moved an application before the Hon'ble Court for cancellation of bail and arrest of accused.


I cant believe lawyers are actually asking for compromise in a case of blatant cheating.... Its exactly this kind of support that the cheaters need to get away with doing whatever they want.....SO on one hand there is a justified demand of not using extra constitutional measures to recover money from defaulters, the loan giver has no other option but to either go to court and waste years or compromise and take whatever the defaulters throw at him. I know of many such smart alecs who will take a loan knowing completely that they will not repay it... and then bargain and compromise at a lesser amount... its because of cheats like these that other honest people are harassed as well... if there is a genuine default....

madhu mittal (director)     24 December 2010

Respected Sir Shashikumarji, I regard you, but this time you are telleing me, “You are harrasing the accused and still not satisfied”,  Please reconsider your view whether I am harassing the accused or he is harassing us for  more than 8 years applying all delay tactics including going to Revision Court when section 420 are added and hiding himself from police. 8 years in court hearing is not a small time and if the matter is compromised without decision the person like that will not be even convicted, he will everytime in every case by cheating  another person can say in court that it is his first offence and he be released on probation. This is the harm that will be done not only to me but to the society as well. So please let me know from your vast experience and knowledge what legal actions can be taken against the accused in this situation and how to prove that he is giving threats because he is giving threat in person in verbal.

Respected Sir democratic Indian, I agree with you that a person should not be pushed to wall where he is compelled to take extreme and desperate steps.But What is required by us That he should be convicted and if he gives us face value of cheques+prosecution cost + 18% interest as per NI Act Section 80 and section 117. I can also request the court that in the matter of sentence, he may be sentenced even till the rising of the court. But I want there should be conviction, so that the person like that can not cheat other person IInd time and if he cheats there should be record that he is a habitual offender.Now please suggest me remedy in law.

Mr.  Saurabh Vashist,Law Student, please clarify alternative  route and how to prove threats in court.

Respected Sir B.B.Gambhir ji, in our court, every time proof is required, let me know what to do to prove that he is verbally giving me threating and let me know in which section of IPC, it is crime and in which section of Crpc, the application can be filed in court.

Mr. Tushar, thank you very much in understanding the problem in a positive way, But please let me know the remedy in law how to tackle this type of situation lawfully to prove the truth in court.

Thanks to all of you for attending my query and Thanks in advance if any lawful remedy is given by any of you or other learned person, so that the verbal threat can be proved in court and the accused can be got felt sorry for his another misdeed of threatening.

Dr.Sidharth Arora (Advocate)     24 December 2010

First make a formal complaint against the person accused.....the let this be in th knowledge of the Judge...through a formal application..The next thing you know....God be in some trouble.


Second cancellation of bail is not going to point pinning your hope on it.


Third...grow up! these things keep happening....this is frustration not threats.

Take your counsel's advise........and Take a deep Breath.


Last but not the least ...don't compromise out of fear........compromise only if you really want

Dr.Sidharth Arora



Adv B.B.Gambhir #9814820602 (advocate)     25 December 2010

move an application for threats before the police and request them to come alongwith you in civil dress as and when you have a doubt of threats. then request the police officials to catch with red handed this is my advice only.

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