want to file a FIR . but i dont have any proove what to do want to file a FIR . but i dont have any proove what to do

3 years ago

Good afternoon Sir/madam,
someone has lend money from me by cash and by means of net transaction. But the huge amount he had lend me in cash only. While I asking for my money he play hide and sick with me. Now he has refused to pay me the same. and deny that he had not lending any money from me. He scolded me in a very filthy language and blocked my number. I informed the same verbally to his office.. While his Officers called him he accepted that he will return my money. But after that he massage me that he has not taken any money from me. in the mean time one of his friend informed me that he was posted his picture in 2017 where he wrote "papu loves namita" in facebook. and told everywhere that we r in relationship. which is hampered my image.in I am belongs to a scheduled caste category. while I asking him in different numbers he scolded me and told me you are a prostitute, you have no image, etc etc.and scolded me of no fault of mine. what to do. i ve no prove for my money. plz suggest me.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.you can manage the police and register FIR and also file civil suit.
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Geeta Singh

Responded 3 years ago

A.For money you can file money recovery suit on basis of bank transaction. For harming you reputation on social media you can file defamation complaint under IT act.
For faulty language and harassment you can file criminal complaint against him.
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Suneel Moudgil

Responded 3 years ago

A.1. file a formal complaint agsint him about cheating, misappropriation of funds, threats, extortion, blackmail, SC/ST act, IT act
2. do contact me or any other lawyer for drafting of the complaint as per the actual facts
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Jagannath S Pawar

Responded 3 years ago

A.AS you said money is lent through net transactions there must be proof of that.
Also subsequent correspondence and communication of all types such as sms, whatsapp or mail will be of your help. Just send Legal Notice before initiating any legal action and seek response.
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Rajnsh Singh

Responded 3 years ago

A.Hello Ms. Namita
It's a very scary situation that you're facing as far as the personal attack on you is concerned. I'll advise you one by one as to what you should be doing.
1. As you've mentioned, that person has posted something embarrassing on Facebook about you and has also scolded you by using unparliamentary language. So for that you must give a written complaint to the nearest police station and you've to mention all these facts regarding verbal and social media abuse done by that person to you. Take a printout of that particular portion where he has posted this thing and attach it with the written complaint. Also, take a printout of the call details which would go on to prove that you had actually called her. I must inform you that since this act squarely falls within various kinds of offences against women, that person would certainly be booked under IPC and the Information Technology Act and also under the SC and ST ( Prevention of atrocities )Act, since you've said that you belong to that category. In addition to this you may prefer a separate complaint to the cyber cell of the concerned police regarding the Facebook incident. If he is framed in all this then there might be a possibility of some kind of comprehensive solution to your money problem as well because he would be under immense pressure to get rid of these abovesaid things.

2. Now coming to the amount lent by you to him. So far as the amount given by you through net banking is concerned, there's no problem and a civil suit for recovery can be filed but before that you must send him a legal notice in respect of the same demanding the entire amount including the amount lent through cash mode also. Now you're saying that you don't have any proof of that cash dealing. In that case you must try recalling as to how you had arranged that cash amount for him and whatever source is that you should mention that in your notice and thereafter in the recovery suit as well. If that source is a person, he can be brought as a witness in court and if it is a document then it can be used as a documentary evidence.

NOTE : Please make sure that the police complaint must be filed first and then you go forward with the recovery notice and suit. If you file the recovery suit first and then the criminal case then it may give an impression that you're using the criminal case as a pressure tactic. So please act accordingly.
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