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Police harassment for civil dispute
24-Aug-2023 (In Criminal Law)
I borrowed Rs.8 lakhs as loan from a person through loan agreement 2years ago. He filed a police complaint on me now saying that I got money from him for doing share market and giving huge monthly returns. He did not produce any written evidence regarding share market. I argued with police that I have borrowed money from him through loan agreement, hence it is Civil dispute I will deal this in court. The complainant told police that I have cheated another 5 persons in the name of share market. Those 5 persons are my friends who gave me money through loan agreement 2 years ago. All the 5 persons joined hands with the complainant and told to police that I have cheated them. Police is harassing me. They are trying to criminalise the civil dispute. Is there any possibility for police to file FIR on me based on the 5persons' complaint? Is it really wrong to get loan from 5 persons through loan agreement? Is this situation considered civil dispute or cheating?
sir, hope you are good
if you have got money through an agreement, then there should be some clause on how you can deal if the amount is not returned and the 5 persons should deal only through that way. and it is a civil dispute which can be dealt only in the court. if u have got money in the name of share and giving huge returns then it amounts to cheating it may be criminalised.
if you have got money through an agreement, then there should be some clause on how you can deal if the amount is not returned and the 5 persons should deal only through that way. and it is a civil dispute which can be dealt only in the court. if u have got money in the name of share and giving huge returns then it amounts to cheating it may be criminalised.
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Adv. Adhithyan C
Coimbatore | 100+ Answers
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Cheating element cannot be brought in your case. Depending on the terms of the loan agreement the lender can file a civil case for recovery of money or if any collateral is involved then they can proceed accordingly. If at all FIR is registered you can go for quash.
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Dr. S. Diraviam Dinesh
Chennai | 500+ Answers
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if it is really for share market issues there are chance of filing FIR and we can quash the same.
for now file a direction petition to not to harass you for civil dispute.
Once u file the petition before high court police will stop harassing u
for now file a direction petition to not to harass you for civil dispute.
Once u file the petition before high court police will stop harassing u
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Adv. Sunilkumar Rajendran
Chennai | 100+ Answers
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if you have loan agreement which shows that you have got loan through that then you can produce the same to police authorities and prove that there is no fault on your part. also you can give a counter complaint against the 5 persons saying that they are harassing by giving false complaint against you. There is possiblity that police may file an FIR, but if you have proof to show that there is no fault on your part, then the police will do an enquiry and close the matter as civil dispute
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Adv. N Sakthivel
Chennai | 25+ Answers
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Reporting FIR have also become a tool of misuse since frivolous FIRs are being filed against innocent persons if there exists a malafide intention with an objective to harass them at the hands of law. One such instance is where a criminal proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on a person and with a view to spite him due to private and personal grudge.
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Adv. Vijay Sathya
Madurai | 100+ Answers
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