Legal Question in Civil Rights Law in India

Case of cheating

There is this person who worked with my dad and my dad passed away last year. further to it this person came with a claim that he had lent some money to my father. though we objected he sent a legal notice and due to the vulnerability at that time we had to part with some money. after that we stopped and he too stopped. now he has filed a suit with the civil court which we have not accepted.but hv come to know through sources.

What should be my course of action? should i file a case against him saying he has forged my father--name removed--signature? for there has never been a need for us to borrow money.

how much expenses would i incur if i file a case or have to attend to the case that he has wrongfully filed? what would be the estimated time to come to a decision if i go legally?


Asked on 11/02/04, 6:46 am

2 Answers from Attorneys
Bharat Bhushan Sharma

Re: Case of cheating

The facts what I understand are like that a person who worked with your dad came to you (after the death of your father) with a claim that he had lent some money to your father. On your refusal, he served a legal notice to you. In order to avoid un-necessary litigation or some other reasons, your started to make some money and thereafter stopped making the payment. As per your information he has filed civil suit, though you have not received the copy of summons along with a plaint from the Court. Now you seek further course of action.

It is not clear under what circumstances you made the payment to that person. Whether the payment was made by cheque or whether any receipt was issued or received from that person when the payment was made. Prima-facie by making the payment you accepted the liability. Whether the claim of that person is genuine or false is a subject matter of the documents on the basis of which he is relying. It is not advise-able to file a case of cheating against that person at this stage. First of all we should know the stand of that person stated in his claim. After receiving the copy of plaint, we can prepare our defense and if his claim is totally false then a case of cheating can be filed against him. Please note that the defense in the reply to the claim of that person should not be contrary to the facts stated in the case of cheating, which is proposed to the filed.

It is advise-able to contest the case of that person if he filed in the Court and only then you should think about filing the case of cheating against that person.

For contesting the case on your behalf, my legal fee will Rs.25, 000/- plus actual expenses if any and detail of the same will be supplied to you time to time. In the civil matter case is like to be decided within a period of about 3-4 years. In the criminal case like cheating, about 2-3 years. My legal fee is same in the case of cheating.

REGARDS

Yours sincerely

B.B. Sharma, Advocate

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Answered on 11/28/04, 4:17 am
D. M. Bhalla D.M LAW CHAMBER

Re: Case of cheating

your querries are not clear, hence, need more details. If you want to discuss and proceed, pls feel free to contact me.

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Answered on 11/03/04, 2:59 am


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