• Publishing online about a fraud woman with her photo

Hi All,

I'm fighting for a case related Check Bounce and accused along with her partners is absconding..!!
Fine, working with detectives to find their where about's..

Mean while I wish to publish online about her identity, Court Legal Notice copy and how she along with her partners has cheated me.. similar to http://dreamzgkfraud.blogspot.in

I'll not be publishing with any sort of aggression or insane words, but will be saying the facts how was I cheated.. along with her photo, her old business information etc..

And also how one of my other friend also got cheated by the same lady and her partners..

So the questions are ..
1) Publishing about frauds, their Photo Identities, their earlier business info etc.. Is this legal in India.. ?
2) Will they after seeing this file a defamation case on me in any means, if yes what all will be the consequences I need to bear..?
3) I wish to give my Information in the site, as I'm fighting the case and publishing this data, will this be legal or illegal or can I hide my information..? In any case they will come to know as the site I'll be launching will be a paid website..?
5) Sole intention is these people must be exposed and world should know their bad deeds
6) Hope excuse me if I'm wrong, if made use of Sec 82, stating accused is absconding, can I publish the Legal notice info highlights in Daily News papers.. and lead people to read my website..?
Please guide me in this..
Asked 8 years ago in Criminal Law
Religion: Hindu

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8 Answers

You should file police complaint against the accused under section 420 of IPC for cheating

2) let newspaper carry an article about the police complaint filed by you of the fraud played by accused , that accused are absconding

3) it would expose their misdeeds

4) if you publish information about accused their photo identities etc they may file defamation case against you

5) truth is best defence in defamation case

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Hi

1. it is legal , if the allegations and statements made are false , it can land you in litigation for defamation .

2. Yes, defamation can be filed. Though your intention is genuine , it will attract legal troubles for you.

Unless a court find one guilty and convict in the final appeal stage , you cannot hold one guilty.

3. if Your case is not finally ordered or the accused person is not convicted, it i snot advisable to divulge details.

4. A news paper report about what happened is different from a write up in a website about ones character or past or present especially about ongoing trials. so you have to be careful about the content and the comment/verdict you post on the website with revealing their identity as it is violation .

5. Your intention is good , but exposing them in a web plat form.

6. if you make a report in a news paper of the actual affair or happening it is alright. . publishing a legal notice is not attracting any offence but if the contents are proved false in the court , the aggrieved person can take legal action, whether it is in news paper or in a website.so take care of the content what you write or upload.

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

1. Please note that you are only accusing her as fraud which has not yet been proved. You may face serious legal problem in the form of defamation suit if you publish her photo terming her as a fraudstar or terming her act as fraudulent act with out being proved before a Court of law. It will be illegal. Even after being defrauded by willful defaulters lending Banks can not publish photographs as defaulters in dailies as per the order of the supreme court.

2. yes, defamation suit might be filed by her/them for which you shall have hardly any ground to defend since you can not publicly punish her/them by defaming them additionally when the Court is already there to adjudicate their alleged crime and give appropriate order.

3. Before the court adjudicate your alleged matter against them, they can not be termed/called/hinted/accused in any defamatory manner.

4. You are not legally permitted to slander anybody accused by you for which trial is not yet completed. Even if trial is completed and punishment has been awarded, you can not add any further punishment to them of your ow by publishing their alleged misdeeds since publication of news is not your profession.

5. the bad deeds have not yet been proved by the Court of law. Moreover, publishing such news is not your profession. you can arrange to get it published through any News portal since it is their business to publish news for public viewing.

6. Court shall release the publication, not the complainant under sec.82 of Cr.P.C.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The competent criminal court has not yet held her guilty of the offence alleged to have been committed by you. Hence, to do what you have conceived to do amounts to defamation. She can launch your criminal prosecution and also seek damages through a civil suit.

2. Under Section 82 CRPC the publication of summons can be done in a newspaper on court orders. Obtain the permission of the court to do that.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. There are solutions in law for taking legal action against any kind of crime committed by any person against the other aggrieved person.

You have to follow due process of law and not taking law into your hands. This will be defamatory and derogatory, hence it may back fire with a defamation case both in criminal and civil laws, hence better avoid.

2. If they file a defamation case then you have to face the charges traded agaisnt you.

3. Using a high grade technology to damage their name or fame may fetch you more troubles and you may have to face the music of law.

5. This is a wrong and incorrect approach.

6. Without court order, any such publication may land you in trouble.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

you should file summary suit under order XXXVII of code of civil procedure

2) if the lady dos not appear in court you would get exparte decree within one year

3) if lady appears in court and contests you would get interim reliefs in 6 months time

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

One big question is still surrounding here..

Why is the law so fraud friendly.. Those who do the fraud and abscond, court will keep issuing orders, non bailable arrest warrant, police will be slow at actions or majorly try to put a B Report, or keep it on hold based on frauds influence, these frauds keep moving from place to place, and ensure they are not so easily traceable..

Please note that the law is common for all and in fact it is very effective too when it is implemented properly by non-corrupt people. The culprits find some loopholes in law to gain benefits in a wrongful manner.

Just it is my feeling.. Thought to put this point not as question, but as a thought, to know from you all experts what is your opinion..

Since it is your own personal opinion, no comments can be offered to this.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

1. Indian courts are neither like Khap Panchayat nor like Taliban Courts. No body is considered as fraud till he is prove fraud by due process of law. Our legal procedure is similar to that of England where it is working fine but due to us being the worst corrupt people, the legal system has been taken for a ride. Our law is not fraud friendly, we are bunch of corrupt persons. in our country, the rich person mowing down three pavement dwellers to death happily escapes the clutches of law.

2. Yes, you are right. Justice delayed is Justice denied. our entire Country is suffering from this problem. cases are pending for even 40 years and despite that Judges are not recruited by the Government.

3. You have no option other than proceeding within the given frame work waiting for the day when things will become alright and our country will be free from corruption.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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