Congrats on your acquittal. Enjoy your life and don't waste time, money and energy in unnecessary litigation as you would get displeasure in the long run. Invest your time in positive things. I have not found any case of defamation in my careers where relief is given to the petitioner. Even Mr. Arun Jaitely didn't get it. Prima face there is no defamation case is made out. The case for malicious prosecution can be filed but that is again a matter of trial. So, it is my humble advise to desist from dragging your life in unnecessary litigation. I beg your pardon if my advise is against your wisdom.
Defamation suit for 138 NI act
Back Ground: Accused is acquitted for the offence punishable under Section 138 of Negotiable Instruments Act. Following are questions, 1. What type of defamation suit can be filed against the complainant, whether civil or criminal? 2. Whether the defamation suit can file in any court of a different district/city or only in the particular court where an order is passed. 3. Any option to file the case against the bank for issuing the fake return memo to the complainant and negligence in the cheque verification process. (thro’ RTI reply we have obtained that bank has not issued any return memo for the particular cheque) 4. Any other option to register a complaint against bank irregularity in handling cheque clearance. 5. Procedure to file a defamation suit against complainant and bank. 6. Whether the session court (where an order is given) or high court accept the complainant appeal against acquitted for 138 NI act
Asked 4 years ago in Criminal Law
Religion: Hindu
9 Answers
1. Acquittal by the trial court may not pave way for proper ingredients for filing a defamation case either in the civil or criminal law becasue it is not a dismissal.
2. If you still insist on filing the defamation case then you may have to file it in the same jurisdiction within which the court which pronounced the verdict falls.
3. You can give a police complaint against the bank manager for this fraudulent act.
4. Depends on the circumstances.
5. Your advocate will be able to guide you properly as per provisions of law.
6. High court
You can file both civil and criminal case
2) it should be filed in city where order is passed
3) file police complaint against bank officers who issued fake return memo
4) suit for damages has to be filed in civil court
5) complaint for criminal defamation under section 500 in criminal court
1. It will only be a civil action.
2. It has to be where the cause of action arose or where the Defendant lives or ordinarily carries on business.
3. Make the bank a party to the suit and claim general and special damages.
4. You may complain to the Banking Ombudsman, RBI and the Ministry of Finance with proof.
5. See response to Q.3.
6. It depends on the merits of the case.
Dear Sir,
My answers are as follows:
1. What type of defamation suit can be filed against the complainant, whether civil or criminal?
Ans: You can file both civil defamation case claiming huge compensation for brining them your reputation in the Society. Further you can file criminal defamation case under Section 499 and 500 of Cr.P.C wherein that person will be punished either with fine or with sentence to imprisonment or with both.
2. Whether the defamation suit can file in any court of a different district/city or only in the particular court where an order is passed.
Ans: You have to file in the same jurisdiction where cheque bounce case was conducted and judgment was delivered.
3. Any option to file the case against the bank for issuing the fake return memo to the complainant and negligence in the cheque verification process. (thro’ RTI reply we have obtained that bank has not issued any return memo for the particular cheque)
Ans: If the endorsement was misleading then you can get issue a legal notice and call for their explanation and then think of filing civil and criminal cases against the Bank.
4. Any other option to register a complaint against bank irregularity in handling cheque clearance.
Ans: Without getting their explanation it is wise to initiate any action against the Bank.
5. Procedure to file a defamation suit against complainant and bank.
Ans: You can file both civil and criminal cases against Bank also under Section 499 and 500 of IPC and a civil case claiming compensation for misusing its powers by issuing irregular endorsements and facilitating the Complainant to file a false cheque bounce case.
6. Whether the session court (where an order is given) or high court accept the complainant appeal against acquitted for 138 NI act
Ans: The Complainant has to approach High Court only challenging the acquittal order.
- As per Supreme Court, One is bound to tolerate criticism, dissent and discordance but not expected to tolerate defamatory attack,
- Under sections 499 and 500 of the Indian Penal Code, defamation is a criminal offence.
- Further, defamatory acts can include “words either spoken or intended to be read", signs or visible representations, which are published or put up in the public domain. The offence is punishable with up to two years imprisonment, a fine or both.
- Since , you acquitted in the case of cheque bouncing then this acquittal may not be considered as the ground of defamation case , and as the said case has not dismissed by the court on merit. However,
1. Defamation case may be civil and criminal
2. In the city where the acquittal order is passed
3. You can lodge an FIR against the bank for issuing fake return memo , and further can also seek compensation for mental agony cause to you after filing a compliant before the consumer forum on the ground of deficiency of services as well.
4. read reply No.3
5. Firstly lodge a compliant before the police and send legal notice to both of parties.
6. Session court and also High Court.
Dear Client,
The type of defamation suit can be both civil and criminal. Only where the order is passed by the court, in that city, the suit can be filed. Also, you can file a complaint against the bank officers for issuing a fake return memo or another option could be just to claim damages the bank has caused. Lastly, sections 499 and 500 of the IPC should be read for knowing the procedure.
Thank you
I don't think that a criminal or civil defamation is maintainable or sustainable in case you are acquitted from an 138 NI Act case. The reason is that the prosecution was unable to establish his/her statements with evidence. But you can get a compensation suit.
Aside, for deficiency of Bank, you can initiate consumer complaint and can demand compensation for mental harassment from the Bank, subject to maintainability of section 2(7) of the CP Act, 2019.
1. Only if defamation case is made out in your matter.
2. No other can be filed as per the jurisdiction
3 & 4 Yes you can even file consumer complaint
5. As per the facts.
6. Yes it will
