• Financial extortion of senior citizens

1). I Shri Arun Bijoy Das, age-73 yrs, has been financially extorted by a person named Vishal Burnwal, as explained below through point no 2. and ahead.
2). Vishal has coerced me and my wife Smt. Manorama Das, age-63 yrs, to pay an amount of Rs. 52000 (through bank transactions) to him.
3). Vishal is claiming that my elder son Shri Debajyoti Das, age-38 yrs, had taken a loan of Rs. 4, 70,000 from him.
4). As a proof of above mentioned claim (as mentioned in point no-3. above) he has produced a cheque amounting Rs. 4,70,000 which was issued by my elder son Shri Debajyoti Das and on behalf of a company which was jointly formed by my elder son Shri Debajyoti Das along with two other friends of him.
5). When I asked my elder son Shri Debajyoti Das about this debt (as mentioned in point no. 3 and 4. above) he denied about it. As per my elder son Shri Debajyoti Das, Vishal was a normal employee of his company (as mentioned in point no. 4 above) and was once approved with that cheque (as mentioned in point no. 4 above) for official purpose. But Vishal mislead him by saying that he lost the cheque on his way towards bank. Later one day, after getting fired from the company Vishal tried to encash that cheque (as mentioned in point no. 4 above) and might got bounced due to insufficient fund.
6). I along with my younger son (Mr. Subhajyoti Das) also tried to mediate a meeting between my elder son Shri Debajyoti Das and Vishal Burnwal to get the authenticity of above mentioned claim (as mentioned in point no. 3 and 4. above), however Vishal never visited the meeting venue even if he has been requested for the same.
7). Even I requested Vishal Burnwal to submit a court affidavit against his claim, however till date he has not submitted it.
8). Taking the advantage of absence of my sons (I am having two sons Shri Debajyoti Das and Shri Subhajyoti Das, both of them use to stay far away from me and my wife for their own job and business purpose) Vishal along with his alliances is creating pressure on me and my wife Smt.Manorama Das, age 63 years, to pay him that entire cheque (as mentioned in point no. 4 above) amount of Rs. 4, 70,000. 
9). Several times Vishal tried to take away various valuable utensils and electronic accessories of our house.
10). He is also pressurizing me to sell one of my properties and pay him the remaining so called debt (as mentioned in point no. 3 above) amount.
11). Being afraid I already paid Vishal Rs. 52,000.00 (through bank transactions) as he and his alliances threatened me and my wife to kill.
12). My wife broke her right foot and left hand due to Vishal and his alliance’s physical harassment to her.
13). One day Vishal came with a person who introduced himself as a police official of the local Police Station and threatened me to pay Vishal’s so called debt (as mentioned in point no. 3 above) amount otherwise he will take me and my wife to local Police Station and torture us till we die.
14). Please advise.
Asked 4 years ago in Criminal Law
Religion: Hindu

4 answers received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

Hello,

File a case against Vishal and his alliance.

In any view of the matter you are not liable to pay the debts of your son.

If your son has issued a cheque then vishal should take appropriate action under the Negotiable Instrument act.

If the police is not lodging a complaint then approach the magistrate and file a complaint under section 156(3), get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hi,

You are suggested to file complaints with police against his atrocities. He will be nailed if your son steps in as evidence.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

The very simple Advisors that you have to approach to the court in case police is not listening to you you can approach to supritendent of police before approaching to the court for action in this regard if you are some has issued a check in the capacity of authorised signatory tour company Vishal cannot personally claim the amount.

File criminal case of harassment cheating misappropriation of funds under sectin [deleted] aap IPC in the criminal court and pray for the order to the police to file FIR and do the investigation

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

File police complaint against Vishal of extortion under section 384 of IPC and criminal intimidation under section 506 of IPC

2) if local police refuse to lodge FIR file complaint t against police inspector refusal to lodge FIR with commissioner of police

3) you can also lodge private complaint with magistrate under section 156(3) of crpc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Sir first of all even when there is debt the person Vishal cannot claim it from you and further you and your wife register a FIR against vishal and said other person for harassment, outraging modesty of old women, intimidation threat and further beating and injuries, and cheating and breach of trust for the amount. The police shall take action further meet the Superintendent of Police and the District collector and ask for security and expediting the case and take action against them.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You do not appear to be an illiterate and hence it is really appalling how you could be be fooled by such a goon for so many months and still keeping silence over the matter.

2. This man is a crook and hence do not allow him to come bear you. He is a fraudster and hence will never take recourse to law.

3. However you being on the right side of the law can take its recourse and immediately lodge a complaint with local police for cheating and extortion committed on you.

4. Even if your son took loan , you are no way liable to repay his debt.

Now rise and take help of law.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You have 3 remedies available.

1. If the earlier complaint was given to a local police station, approach the deputy commissioner or the superintendent of police, as the case may be and request for an immediate action

2. You can also file a private complaint before a magistrate and request him to direct the police to register an FIR u/s 156(3) CrPC

3. You can approach the High court u/s 482 CrPC for directing the police to register an FIR and take necessary action.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. You are not liable in the first instance to repay the debts of your son. You should not have paid any amount to this man.

2. File a complaint case under Section 506 IPC for criminal intimidation against him.

3. Most likely, the man who posed as a cop was not a cop.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. The fact stated by you is strange.

2. Did you lodge any police complaint against Vishal till date? If not then do it now. If you do not wanty to visit police station, send your detailed complaint by speed post to your local police station. If police fails to register FIR against Vishal based on your complaint, file a Writ Petition before the Calcutta High Court against police inaction praying for a direction upon police to register FIR, investigate and act based on your complaint.

3. Similarly your said son also should lodge a police complaint against Visahal for fruadulently using the cheque which was noyt issued to him. Did he lodge any police complaint when the said cheque was reported to be missing?

4. If Vishal approaches you again, ask him to deposit the cheque to bank and take legal action against your son if the cheque is bounced. he shall have to establish the dischargeable liability for claiming the said cheque amount.

5. Your making payment to Vishal on the said account/reason will establish his claim of the cheque amount legally. So, do not pay him any more amount on the said claim.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

In the absence of any proof for the loan availed by you from them you need not pay them under any pressure.

Since this has been allegedly borrowed by your sons, you may ask them to approach them for repayment.

If they still indulge in any illegal activities agaisnt you in this regard, you may approach the top police officer of the district with a complaint stating that the goons with the help of local police pose threats to your life and limbs in the name of recovery of loan w for which you are no where responsible.

You may also approach court with a petition under section 156(3) cr.p.c if the tortures continue for direction to police to give you protection and initiate appropriate legal action against their illegal activities

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You should file a police complaint against Vishal in the nearest police station for the offence of criminal intimidation and causing grevious hurt to your wife. You should not pay him any money as you are not liable to pay the same.

If police fail to register FIR, you can approach magistrate under section 156 3 of the CrPC to order investigation and get FIR registered in this case, after which the police file the status report.

Also, private complaint can be instituted against Vishal under the provisions of section 190/200 of CRPC.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Sir file a writ before the high court for the direction for the police to register the FIR.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi,

In the present circumstances, you may file the case with local CJM/CMM under section 156(3) of Cr PC for direction to police to register the FIR.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

File private compliant before magistrate under section 156(3) of cr pc as police is refusing to lodge FIR

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

A Writ Petition can be filed in the respective High Court involving the Criminal matters so that Writ of Mandamus is issued against the police officer and is directed to show cause the intention behind not lodging the FIR. A contempt petition can be filed against the officer in case of Civil matters in the respective High Court. If police officer refuses to file the FIR on Judicial Ground, it results in 1 year of imprisonment of the officer. The petition for this can be submitted to Chief Justice of High Court or Chief Justice of India, Supreme Court of India so that they can take Suo moto action. A copy of the letter is sent to the Police Officer and it can be requested through an application under the RTI.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Send a complaint to the police by post and also intimate the SP that the police is not lodging the FIR.

Thereafter, file a case before the magistrate u/e (3)

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Did you submit any written complaint to the local police station? If not then submit it or send it by speed post now narrating the incidences of torture of Vishal on you by tresspassing in to your house.

2. File a Writ Petition before the Calcutta High Court for getting the FIR registered by the police as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

If the police is not cooperating or appears to be non-responsive you may approach the top police officer of the district with a similar complaint seeking his intervention and direction to the local police for initiating proper legal steps on your complaint.

If this step also proves ineffective then you can approach jurisdictional judicial magistrate's court seeking direction to the local police on similar lines, by filing a petition under section 156/3 cr.p.c.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer