• Sms defamation

Hi, 
I had loaned a significant amount of money to my cousin. She seemed to be in a bad shape which compelled me to loan it to her. She had promised to return the amount last month, but to my distress, she is refraining to take any calls frm me or other communication whatsoever. A few days back, out of sheer anger and humiliation, i texted her calling names (i called her a whore) and swore on her. Now her husband (instead of my cousin) called me up, abused me and threatened to sue me on defamation case on the basis of the text i sent. I want my money back, which i am unable to do because my cousin is not communicating with me and instead gives the receiver to her husband. Can she sue me  on defamation charges and if so what are the consequences?
Asked 2 years ago in Civil Law from Siliguri, West Bengal
Hi, defamation means as per Section 499 IPC " Whoever by words, either spoken or intended to be read, or by signs or by visible representation, makes or pulishes any imputation  concerning any person intending to harm or knowing or having reason to believe that such imputation will harm the reputation of such person is said  expect in the case hereinafter excepted to defame that person. "  so it is not in your case you don't worries wory. if the lodge a complaint you can contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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Hello,
1) How did you lent the money? Do you have any documentary proof such as cheque, promissory note,NEFT etc. In this case you have legal remedy to get your money back.

2) Regarding your abuse by text message she can file a police complaint regarding intimidation or abuse. As text message is not a document in the public domain a defamation case will not lie.
3) Send her a legal notice demanding the money back.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi, you have a good case and you have a proof of payment so issue legal notice for recovery of money and file suit thereafter.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
1) If you have made the transfer online you have a valid proof of the transaction and as I posted earlier you need to send a legal notice to your cousin demanding the money back.
2) If the money is not returned you need to file a recovery suit to get the money back. As you have documentary proof you can recover the money.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1. Since you had lent the money to her through internet banking the transaction is documented, as a corollary thereto you can sue her for recovery of the amount you had lent to her. You may issue a lawyer's notice to her and follow it up by filing a suit for recovery in the court.

2. As regards the sms sent by you to her, it was not in public domain as it was meant strictly for her. So a case for defamation is ruled out. However, she can file a criminal complaint for intimidation against you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. No defamation case can be filed against you,

2. Police complaint can be filed against you for abusing her & you may be in deep trouble,

3. For getting back your money, you shoulde file case, not abuse.
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
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1. If it is through on line transaction then you have the evidence of lending her the said amount,

2. you can file a Money suit against her demanding refund of the said lent amount with interest and also damage and cost,

3. For filing the above suit, send her a legal notice first.
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
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From your facts it  doesn't come under the definition as provided in the Indian penal code for defamation. So even if they file a case against you,  you need not worry about it.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1) you should at the outset apologise to your cousin for language used in sms .

2) you should clearly state that you had no intentions to hurt her feelings and it was out of sheer frustration you had sent these messages .

3) no case of defamation is made out
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
1) since money has been transferred through online transfer your bank statement would show the transfer made in her account . 

2) you can issue legal notice to cousin to repay the money 

3) if she fails to do so file summary suit for recovery of money
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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Dear Querist
she may file a case against you for modesty of women and she may file a criminal case against you u/s 66A of I.T.Act or defamation too.

if you are willing to recover your money then you may send a legal notice for demand your money with interest and if she is not ready to make the payment within notice period then you may file a civil suit for recovery before civil court against her.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
giving loan and abusing for repayment are wholly separate matter. you can't abuse any person because you have given him a loan. there is process laid down by the court and you should avail. her husband can prosecute you for defamation under 500 ipc and under 66 A of IT Act. you should try to amicably settle this issue and beware from indulge in criminal case. you should engage some persons from both sides and try to settle this issue. if she refused to pay then you can send a legal notice and thereafter file civil suit for recovery of money. but you must try to settle this issue out of the court.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
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