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Babu Raj (Student)     19 September 2011

Want to file defamation suit

Dear All,

Please help me.I need immediate help in dealing with a corrupt new found friend whom I beleived and got him a civil work contract in June 2011 from a known friend of mine for a commission on the profits. This corrupt friend was supposed to complete that civil work by end of July 2011 and hence issued me a post dated cheque of Rs 35000/- dated 1-Aug-2011. He delayed the completion of the civil work and completed it last week on 15-Sep-2011 and took the final settlement from my friend .On 1-Aug-2011 he had asked me not to deposit the cheque as he had not yet completed the work , but now on final settlement when I asked him for my commission, he is asking me to wait till 15-Oct 2011. I am sure he has no intention to pay me my commission, all I have is only his crossed cheque issued in my name. Now I have only one option to deposit the cheque and upon it's dishonour send a notice to recover.But I doubt that he would have instructed a stop payment because when I told him today that I am depositing the cheque, he asked me to go ahead and deposit it and that he is not scared of that cheque.I grew very angry and shouted at him to pay me my commission by cash but he refused and told me that I will not get even 1 paisa as commission . He also threatened to expose my demand for commission to my friend for whom he got the civil work done . I am helpless, one side I will be embarassed if my friend comes to know that I earned commission for getting this civil job done on the other hand I am desperate for the commission money and as I had plans of repaying my credit card bills. Now I am considering filing a defamation suit against this corrput new found friend for threatening to expose me to my friend. I have two questions

1) Can I file a defamation suit to avoid this corrupt friend from slander and what damages can I claim?

2) What will I do if he has made a stop payment on the cheque that he has issued me ?, can I still sue him ?.

I need immediate reply.Please help.I am sleepless because of this deceit.

Regards



Learning

 4 Replies

prashant pundhir (Criminal Lawyer)     20 September 2011

Dear Babu Raj,

                            Your case is not of defamation as nothing got published .In the defamation either in civil or se.500 IPC,publication for the intention of demamation is must .

Even then if you want to give him a lesson,place the cheque for paymaent to the bank .It does not any matter that he instructed the bankers to stop the payment .After getting the refusal,give him the notice and remember that do not disclose the matter of commision .You say that for the purpose of completing the civil work contract,he borrowed the money from you and issued the post dated cheque .

Babu Raj (Student)     21 September 2011

Dear Mr.Prashant,

Thanks a lot for the reply.I appreciate and respect your advice. I got this issue settled yesterday evening.I told this new found corrupt  friend that I am going to file a case upon getting the cheque back from the bank and fight it out in the court of law.He came along with his younger brother and told that he had already spent the money that he earned out of his civil contract as he was in bad need of money and paid me only Rs 30,000/-. I thought something is better than nothing and accepted it by waiving off the remaining Rs 5,000/-.He also apologised for behaving rudely with me.I have forgiven him.Thanks for your advice once again.

Madan Mohan Pandey (District and High court advocate)     24 September 2011

See if there is no written contract then you may be hepless but o teach this fellow a alesson . You may file forged cases and aress him.

Sandeep Naik (Advocate)     10 April 2012

Filing a case is not easy and revenge is always has negative aspect. Though I am an advocate, I will suggest u that for getting Rs. 5000/- dont leave ur PEACE. Forgive and forget. Still if u need any advice , u r free to contact

Sandeep Naik

Mob; 99670 56980


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