• Violent intimidation by the person whose payment I have to make

Dear Sir / Mam,
I had issued 3 cheques to a concerned person towards payment of material supplied in my business for amounting to Rs. 10,50,000/- in December 2016. The cheques got bounced, after that I had made a payment of Rs. 300,000/- through RTGS and 100,000/- in cash in the month of March and April respectively. After that I couldn't make payments to him and only seek time. Meanwhile he made a case against me for the full amount of Rs. 10,50,000/- in Court in April seeking money. 
The court has given next date for 30th October, meanwhile the person keeps on calling me and abusing me for payment. 
Today he came with 2-3 people at my residence and threaten me, when I told him that the matter is in court he again shouted at me and told me he will see for his payment. 
Please advise me what to do ? I will be making payments but due to some business problem I am not able to make much to him till now.
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

1. Her can not take any such step for recovery of his dues which has not been prescribed by law like intimidation, coercion etc.

2. You can lodge a police complaint about his illegally coming to your house and intimidating you for recovery of the dues.

3. Send copy of the complaint to the local DC also.

4. If the said incidence recurs and if police still remains inactive, you can file a Writ Petition before the High Court seeking police protection and justice.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

1) file police complaint of criminal intimidation under 506 of IPC against lender

2) mention that he came with three goons threatened you that if you don't make payment he would harm you physically

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

Hello,

You can file a police compliant with regards to this and inform the police that the matter is sub judice and still I am being threatened by the opposite party. Also on next date you an inform the court about these instances and can request the court to give you some time in order to make the payments.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. File a criminal complaint for the offences of criminal intimidation and illegal restraint under Sections 506 and 340 IPC against him in the competent criminal court.

2. The court can summon him if a prima facie case is found to be made out against him from your pre-summoning evidence.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

-Lodge a FIR against him the next time he comes to intimidate and threaten you. he cannot take law into his own hands when the matter us already sub judice before court.

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Once he has approached court then he cannot trouble or torture you by visiting your house or office for payment

You can lodge a criminal complaint against him with the police for threats and intimidation offences.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

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