Respected sir/mam
I am a doctor by profession.one of my close relative has told me that he has lost money in some investment and his wife was asking about that money to him(his wife didn't know about that investment).So my relative convinced me and taken 4 checks of 3 lacks each without mentioning the dates saying that he will show these checks to his wife and tel her that money was given to me for short period of time ( checks are taken as security).After 6 months ,he started to blackmail and pressurise me.He deposited one of check in the bank without informing me .fortunately there were no balance in the account and check was bounced.As soon as I came to know i immediately done the stop payment of remaining ckecks.My relative then filed the case 138 NI against me.There are no documents of liability except one bank transaction ( 12 months back)from my relative account to my account of rps 5 lakh and from my account to his account of rps 1.5 lakh(10 months back).
Now how should I defend and prove that this is the false case ?
Details continue-
My relative also taken gold (6 lakhs) from my younger sister with the commitment to return it back within 2, months My father sent a request letter to him about giving gold back but he completely refused and send a letter to my father that he did not taken any kind of gold .After enquiry we found that he had taken a gold loan from a remote bank. All receipts of purchase of gold are with my father which he shown in police station and to the bank manager.Police inspector and bank manager issued a letter to my relative for explanation and to come in police station which he fails to give and come.That means he cheated my younger sister also.
I have 2 eye witnesses to say that my relative is engaged in some kind of investments like chitfunds in last 2 years.I have xerox copy one of the investment certificate done by my relative.
On 2 checks (among 4 checks )my relative written his name ,date and amount by his handwriting. So there is mismatching between the handwriting on checks.Only one check was bounced which is handwritten by me.
Now what evidences should I collect to disprove my relative story?
Which possible questions judge will ask me ?
Asked 8 years ago in Civil Law
Few more details-Sir my relatives(Comlpianant) wife is my sister and she knows all the truth.. She agreed to stand with me in the court.because complainant also done harassment of my sister in 15 years. Regarding transaction-he taken my account no. Saying that he will deposit the money 5 lakh and want it back by cash for investment purpose... In good faith I done withdrawl given him back that money.To be honest I given him 1.5 lack when he was in need which he didn't returned. Yes I Sir Comlpianant wife is my sister and she knows all the truth.. She agreed to stand with me in the court.because complainant also done harassment of my sister in 15 years. Regarding transaction-he taken my account no. Saying that he will deposit the money 5 lakh and want it back by cash for investment purpose... In good faith I done withdrawl given him back.To be honest I given him 1.5 lack when he was in need which he didn't returned. I mentioned all above facts in reply of notice issued by him to me. complainant didnt mentioned any single liability in the notice.He said that whenever I was in moneytrouble he given money, that's it otherwise nothing in the notice.
I want to file a case fraud case against him?
What should I do defend and solve case as early as possible?
Asked 8 years ago
Few more details-Sir my relatives(Comlpianant) wife is my sister and she knows all the truth.. She agreed to stand with me in the court.because complainant also done harassment of my sister in 15 years. Regarding transaction-he taken my account no. Saying that he will deposit the money 5 lakh and want it back by cash for investment purpose... In good faith I done withdrawl given him back that money.To be honest I given him 1.5 lack when he was in need which he didn't returned. Yes I Sir Comlpianant wife is my sister and she knows all the truth.. She agreed to stand with me in the court.because complainant also done harassment of my sister in 15 years. Regarding transaction-he taken my account no. Saying that he will deposit the money 5 lakh and want it back by cash for investment purpose... In good faith I done withdrawl given him back.To be honest I given him 1.5 lack when he was in need which he didn't returned. I mentioned all above facts in reply of notice issued by him to me. complainant didnt mentioned any single liability in the notice.He said that whenever I was in moneytrouble he given money, that's it otherwise nothing in the notice.
I want to file a case fraud case against him?
What should I do defend and solve case as early as possible?
Asked 8 years ago
Ajay sir....contest the case on merits ...means exactly what should I do?what evidence I collect?
Plz guide me more...
Asked 8 years ago
