A guy who owes us 8 lakhs money attempted suicide with a note saying me and my mother has harrassed him. He is my mother's colleague and we know each other for 20 yrs. He was the mediator where we my mother put 4 lakhs(in 2011) in private finance with 6000 interest per month when he insisted. This guy gave as 4 bond papers and cheques as proof. He used to get us the interest from the financier. 1 year later we asked our money back and he took the documents from us. He didnt return the documents or money and kept postponing. He later took 2 lakhs more saying this will aid him get back the money as he is in financial crisis and if we dont give it will take more time. We ended up giving that amount too. Now after like 3 years of being kinda tortured by that guy with no proof of lending, he making us fools by postponing literally everyday, my mother falling seriously ill because of the stress and recovered luckily(cerebral aneurysm - clot in the head) me and my mother complained with higher officials in their office and office Union. They offered to help and settle it peacefully which we wanted as well. He agreed in-front of them and said he will return in few months. Its been 7 months and he did nothing and kept postponing as usual. The higher official bashed him recently and said we will put a case on him. Now, he attempted suicide and named my mother, me and the official in the note complaining of harassment. He apparently recorded the argument with the official. He also says, he doesn't owe any money too. Mine is a small middle class family with just me, mom and a younger sister. Me and my mom know nothing of legal procedures and my mother is absolutely petrified about what is going. PLEASE advise and if it is not a big effort, tell us how this case proceeds. The evidences we have right now: 1) A telephonic conversation where he says the financier has agreed to give 3 cheques worth 4,94,000. 2 on my name and 1 on my mother's name. 2) Another colleague of my mother was approached by this guy to pacify us not to go to higher officials or appeal against him in court. He talked to us and put us on hold for one year. It would great help really. Thanks a lot in advance
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1) attempt to suicide is merely to pressurise yiur family from not going legally against him
2) file suit for recovery of money
3) I do hope you have kept Xerox copies of documents furnished by the guy
4) also file complaint of cheating and criminal breach of trust against him
Yes, the proofs you have mentioned are important enough to save you.
You have done a wrong of not lodging a complaint with police against him for cheating done to your mother.
Now it is not too late and hence lodge a complaint along with all documents.
The suicide attempt may be a fake one to get himself saved from you by entangling you in legal proceeding.
So do not let him go away.
Do lodge complaint of cheating against him and pursue the case vigorously.
Thanks a lot for your replies!!! We don't have the xerox copies of the documents and earlier many times when we asked him to return documents or make a bond paper on his name as he is responsible he bluffed us by saying there is no need of it and we will get the money in 2 days and so on. What will be the procession of the suicide attempt case? The police haven't yet confirmed that an FIR is lodged or something. Talked to all the people involved and just told us it will be tough for us as we don't have any proofs. This whole thing has been very tiring and frustrating for Us expecially for my mother and its getting worse.
If you don't have any Xerox copies of documents then it would be difficult for yiu to make out case that you had advanced Rs 8 lakhs to said person
2) if you have any messages , letters , emails prior to Said person attempting to commit suicide it will help you in proving that money was advanced to him and as he could not repay he attempted suicide
If somebody is hyper sensitive and commits suicide because he is unable to discharge his legal liabilities the persons named in the suicide note cannot be prosecuted for abetment to suicide. To remind a person to fulfill his legal liabilities does not amount to inflicting harassment. Be that as it may, if the FIR gets registered then apply for and obtain anticipatory bail and then move the High Court for quashing.
The evidences we have right now:
1) A telephonic conversation where he says the financier has agreed to give 3 cheques worth 4,94,000. 2 on my name and 1 on my mother's name.
2) Another colleague of my mother was approached by this guy to pacify us not to go to higher officials or appeal against him in court. He talked to us and put us on hold for one year.
The above evidences are not sufficient to file a money recovery suit.
You can initiate a legal suit to recover the money but it will backfire if you file the same without any evidence.
You can talk to him pleasingly saying that you are ready to wait for on more year too but before that he may furnish a promissory note or a loan agreement to that amount (at least principal).
If he is doing it, obtain it and wait for him to repay till at least six months period and then initiate legal action after that.
In that case even if he commits suicide it will not affect you.
